disclosure required?

[SuzieSunshine]

My agreement says that my ex has to disclose his income every year (NOA) and adjust child support. It also says next year he will reach 40% threshold.

Once that is achieved, I am sure he will ask to start paying offset child support. Does that mean I have to disclose my income to him (NOA) even though our agreement it is not defined?

Our agreement also defines he pays full CS until next year with our gradual increasing schedule of time he has with the kids.

[rockscan]

Has he not been disclosing? Are you expecting to reach 50/50 next year?

Your income is required to calculate s7 and then for off set when you reach 50/50. You should be disclosing each year to adjust s7 %.

[shellshocked22]

The threshold for "offset" child support is 40% or more, not 50%. Yes, the OP will have to disclose their NOA at that point also since that information is needed to determine what each party has to pay in CS to each other and thus the "offset" amount the higher earner will pay to the lower earner.

[stripes]

Yes, you have to provide your NOA. You can't determine what the offset will be unless both parties have each other's income information, and NOA is the standard for income (unless special circumstances or unusual income patterns apply - read the federal guidelines for these).

You should be supplying your NOA already anyway, because you won't be able to calculate the ratio for S7 unless you have each other's income info.

[SuzieSunshine]

Thanks for the info. I agree, if we switch to offset method I would have to disclose to calculate the offset CS amount, but just because the agreement says he reaches 40% threshold and it says he agreed to annually disclose and pay full CS, why would I have to agree to disclose and change to offset?

[rockscan]

Because you reached the threshold for off set and you need to disclose for proper calculations.

You cant calculate offset if you dont provide your income.

[stripes]

When the kids spend at least 40% of their time with each parent (that is, neither parent has more than 60% time with the kids), the parenting arrangement is considered "shared parenting" (section 9 of the federal child support guidelines). This means that each parent pays CS to the other one. So under shared parenting, Dad pays you the monthly amount appropriate to his income under the federal guidelines and you pay him the monthly amount appropriate to your income. In practice, what happens is that the higher earner sends the lower earner a cheque for the difference between the guideline amounts ("the offset").

So when Dad reaches 40%, you will be responsible for paying him CS just as he is responsible for paying you. This means that the net amount of CS you receive will drop, but on the bright side, the kids will have both parents almost equally involved in their lives.

This is why you have to disclose your income - to determine how much you should be paying Dad, so that the offset can be calculated. It's not a matter of you "choosing" to change to offset - once Dad has 40%, offset is the way it goes, except under very unusual circumstances.

[dad2bandm]

...Does that mean I have to disclose my income to him (NOA) even though our agreement it is not defined?...

Yes.

Example, in Ontario (From the Ontario Child Support guidelines):

Annual obligation to provide income information

24.1 (1) Every person whose income or other financial information is used to determine the amount of an order for the support of a child shall, no later than 30 days after the anniversary of the date on which the order was made in every year in which the child is a child within the meaning of this Regulation, provide every party to the order withthe following, unless the parties have agreed otherwise:
1. For the most recent taxation year, a copy of the person’s,
i. personal income tax return, including any materials that were filed with the return, and
ii. notice of assessment and, if any, notice of reassessment.
2. As applicable, any current information in writing about,
i. the status and amount of any expenses included in the order pursuant to subsection 7 (1), and
ii. any loan, scholarship or bursaries the child has received or will receive in the coming year that affect or will affect the expenses referred to in subparagraph i. O. Reg. 25/10, s. 6.

[dad2bandm]

...but just because the agreement says he reaches 40% threshold and it says he agreed to annually disclose and pay full CS, why would I have to agree to disclose and change to offset?

Because it's the law.