Amending S7 Expense Ratio

[nofrills]

Hi Forum,

I have situation with my Separation Agreement and S7 Expense Ratio.

Currently I pay 60% and my ex pays 40%, all agreed in our separation agreement. We've been separated for 5 years now and my base salary has increased by about 20% since then. My ex's income has not changed.

In our separation agreement, it says that we adjust the S7 expense ratio if either parties base salary income changes by 25%. I'm still under the threshold, but she is claiming that I increase my ratio even though I'm not over 25%.

My ex has filed a case against me, (this is one of the issues.) She is demanding an increase and wants to claim costs against me.

What are the chances of my separation agreement holding up?

If I agree to increase my ratio even though it's outside of our agreement, am I still responsible for her costs?

The amount is not material, but the way they are going about it makes me want to hold out.

thank you.

[rockscan]

In this case it would depend on the judge. Technically if your income increases so does your support but your agreement outlines section 7 differently. Did you update support? Is it a significant change? Are the section 7 expenses necessary and expensive? There are a lot of “ifs” to make a true answer.

[blinkandimgone]

Agreed. If you're spending thousands to go to court because you don't like the way they're going about it, to avoid paying a few dollars more you're just cutting off your nose to spite your face.

Judges notice those kinds of things.

[nofrills]

My support payment are all up to date and in accordance to the Guildlines.

For Child Support, in our agreement, we exchange our NOAs every year and re-calculate CS based actual income. Throughout the year, I pay CS based on 175k, even though my salary is only 100k. I get a bonus at the end of the year the varies and can be anywhere. (So, I am paying CS on money I haven't even earned yet) Once I get my bonus, my actual income is compared to the estimated 175k and either I pay more or I get a money back in CS.

Blinkandimgone, you are right. If I could go back in time and say ok, I would. It's so in-material, I was following our Agreement because it favored me and I just wanted to feel like I won for once. I've learned and trained myself not to respond to her personal attacks, it just felt nice to be able to win one. thank you for reminding me of the bigger picture.

[rockscan]

More than likely she threatened costs to get you moving. Costs are awarded by a judge and dependent on the matter and conduct of the parties.

With that said though, you’re looking at a 5% difference. Is that worth going to court over to prove you are right? Is the stress and hassle less expensive? If it was 10% I would say fight it but it’s 5 and that could be pennies versus dollars to fight it.

Many times it comes down to parties hating each other and not wanting to back down. You are never going to change your ex no matter what you do. Just get her off your back and pick the right battle to face.

[iona6656]

once you're making over 100k, quibbling over S7- unless you're talking private school- seems silly.

also- is this the only reason she filed against you- was to correctly apportion S7? I would offer to settle, change the proportion based on an avg off of your Line150 over the last three years- and everyone pays their own legal expense.