lower income this year... when can I adjust CS and what do I need to adjust it?

[mcr]

Last year I worked a huge amount of OT as it was available from work, and I figured it would help pay down some of the bills my ex left me.

My ex was ok with this and didn't have any issues or concerns for me to pay more CS then. Well, she stole my mail (had it forwarded to her address and opened what she felt she could use to her advantage - which was pay stubs).

She saw the extra I earned and for this year, is expecting to pay that much more in CS even though my income this is is back to 'normal' (which is actually lower than when we originally calculated CS on the tables).

Can I just show her proof of lower income (pay stubs) and adjust accordingly? I can't afford a lawyer and if it was to go to court would only be able to represent myself.

If she manages to have me pay CS based on my earnings last year, that will end up being 3/4 of my monthly pay this year - not even enough to pay rent.

Any thoughts & advice is appreciated!

[billm]

What is your agreement with respect to CS? Was it exactly based on your income and the child support tables? Is CS fixed, or is it adjustable in your agreement?

[mcr]

Hmm, the only information in our agreement on CS is:

5.1 Child support for the 2007 year has been agreed upon by both parties involved to be paid from FATHER to MOTHER in the amount of $XXXX per month paid weekly 4 times per month.

5.2 Either FATHER or MOTHER may also seek change in child support if there is a material change in the condition, means, needs or other circumstances of the FATHER, MOTHER or CHILDREN that would affect child support.

That's it. There has never been an update for current years. I'm living in poverty (on a friends couch with half a closet for my stuff) and haven't ever looked for a reduction in CS (I've asked about it, but that's been it).

FWIW, the table amount I use for CS is based on the T4 of the company I work for now -- Line 150 on income tax is actually much lower (I'm still writing off business loses on a business my ex & myself had together).



Oh, and she broke one of the terms of the agreement by moving her and the kids without consent.... not that it will affect CS I'm assuming.

[frustrated11]

you are supposed to file a motion to vary if your circustances change, if they changed in 2008, then early 2009, a motion should've been put in place

here is what you need to do

http://www.attorneygeneral.jus.gov.o..._change_EN.pdf

[Stargate]

You'd have to show that your increased income as a result of your OT was not consistent with your income of other previous years. Pay stubs and affidavit should take care of that. However the Court may look at your last 3 years and obtain an average on which your child support payments would be increased. The more money you make - the more you pay in child support, not to mention income taxes. It's a loosing fight no matter how you slice it.