Retroactive Raise and Child / Spousal Support

[Drewster1977]

Hi there everyone.
My ex is a Canada Post employee and the union has announced that they will be receiving a raise of 25% and this will be paid retroactively to 2016 in a lump sum payment in 2019.


In my separation agreement there is language that addresses this that will change the spousal support amounts and child support amounts retroactively. The employees haven't been given this raise yet, but it appears that with the raise, I will have been overpaying spousal and child support by $520 each month. (We have shared access.)


Should I be moving to change this amount now, and/or what expectation will I have to be getting these monies that I've overpaid back?



As it stands right now, by January 2019 I will have overpaid a little over $19,000.

Any advice here?
Thanks!

[Berner_Faith]

No advice but interested to know how this works... your agreement specifically states if the ex gets retro pay she has to pay back SS and CS?


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[rockscan]

You pay ss and cs?

[Tayken]

You pay SS to someone who works full time for Canada Post? You would have to make well over 250,000 a year to get slammed with SS in that situation.

[standing on the sidelines]

a 25% raise?? that is nuts.

[arabian]

a 25% raise?? that is nuts.

surely it is a typo?

2.5% is too much for those buggers let alone 25%!!!

[good_mom]

see the news strike is still going. No agreement yet...the arbitration for the Rural Carriers that might be the case but all others...No agreement yet.

[Janus]

a 25% raise?? that is nuts.

Depends on the previous level of pay. If an ECE worker got a 25% raise that would still be a crappy job at crappy pay.

That said, I can't believe this situation is actually covered in the agreement. Good for whoever thought of that!

[standing on the sidelines]

it is right..

https://www.benefitscanada.com/news/...ecision-119338

[Drewster1977]

Sorry

Hi all. Sorry I forgot about this post.
Yes it is 25%.
It took a long time for her to sign the agreement but this language reads that the support amounts would be calculated retroactively. Thank goodness! At this point, as I predicted, the ex is refusing to reduce support based on the new amount and also refusing to address the arrears.
Additionally she filed with FRO to get the full amount and refuses to attend an accountant as Court Ordered.

I've got Court Orders in place and a signed separation agreement as a Court Order. I guess it's back to court!

If anyone else is experiencing this, the Canada Post retroactive raise goes back to Jan 2016. They are encouraging them to re-file taxes on previous tax years. If your ex is re-submitting taxes and claiming more income your child support and spousal support should be going down.