No announcement yet.

Decreasing child support without notice

  • Filter
  • Time
  • Show
Clear All
new posts

  • Decreasing child support without notice

    Ex lives 5 hours away, I have sole custody. No record of income from them for 3 years, CS has been the same. Received July's support finally today, but it is much less then usual. No change in custody, kids are all still under 18 and still in school.
    Can the ex just randomly change the amount without any kind of notice?

  • #2
    No. If you have an order for support they are supposed to pay the full amount unless they have advised you of a change.

    Are you in a province that has an enforcement agency? Have you requested updated income info? Do you think their info has changed?

    If yes to all you will need to formally request the income info, file a request for info through the court and file with the enforcement agency.

    The payor is obligated to keep you updated on income changes for cs calculation.


    • #3
      Thank you.

      No notice of change, just a sudden drop.

      He is in the military, other then raises no change in income, and he hasn't sent me any assessments in 3 years. He has a tendency to use the child support as blackmail (ie he wanted me to drop off the kids early as it was his anniversary with new wife, I told him I was working and as he gave me only a weeks notice I couldn't get it off and he was more then welcome to drive here to get them, he said if I didn't meet him halfway he would no longer email-transfer the support, he would mail it and I would "get it when you get it". I now get a cheque a month and a week late every time because I wasn't able to do as he ordered) so I try not to rock the boat. I got nothing for the first 2 years after we had split.

      Just got off phone with a lawyer, he said ex can't arbitrarily decide to change support amount, suggested FRO, but said that could take a while, and said I may be better off going to the chain of command at his work.

      Just frustrated.


      • #4
        If you go through FRO it takes about three months but they can garnish his wages. Might be worth a call to them. They would still recover the money but it would take three months to set up. You could just file it, take his electronic transfers for the three months then he'll get notice that it has to be paid to them. Then if he has cut funds short during any of those months you just file a statement of arrears with FRO and they recover that too.

        Might be worth the call to them to find out about garnishing his wages...


        • #5
          File your agreement/order with an enforcement agency. I wouldn't try to contact his employer it could look bad on you. The military doesn't enforce CS obligations.


          • #6
            Going to get the ball rolling with FRO. Last thing I need is to poke the bear by calling his CO.
            Even if his income had dropped, he was supposed to give me a heads up and prove why, right?
            Thanks again for the help, it's appreciated.


            • #7
              Are you located in Ontario? Do you have a court order or signed agreement? If so, just file with FRO.

              Registering your case | Ministry of Community and Social Services

              File your separation agreement with the court | Family Law Flowcharts

              I'm going through the same thing myself. I have a signed agreement I just have to file it at the court house. Anyone have experience with this? From my understanding I just fill out form 26B, file my signed agreement, get my court # so I can complete the FRO registration form.

              I don't think any court documents need to be served to the ex.


              • #8
                No documents need to be served. Either party can file with FRO and FRO will be in contact with the payor.


                • #9
                  Did you contact your ex?

                  A polite text or email might provide an explanation. Since he has been paying lately, perhaps it was an error?


                  • #10
                    He sent me a letter and said he'd decided that he didn't want to pay after he had graduated. Our agreement says he is to pay until they graduate or turn 18, whichever comes last. He also said that as long as he pays me support, regardless if it's a month or more late every time, FRO can't touch him.


                    Our Divorce Forums
                    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.