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  • Child Support Repayment

    My ex thinks he "overpaid" me child support from last year, 2009; (we share access/custody 50/50). He looked @ my tax assessment, (he wouldn't send his assessment to me until after he worked out all of these numbers, although he was supposed to give me his tax assessmt on July 1st), and then based his decision to take what he thinks I owe him from last year from my current child support, (I was receiving 520 a month, now he is giving me chqs for 275). I can understand that the amounts could change annually, based on our incomes, but is there a chance that what he is doing is illegal?
    I can't afford to hire a lawyer, and make too much (a whopping 32K per year), for legal aid...
    He has been harrassing me for over a year now, with different things, (anything he can find!) with anything financial, as well as making the statement, "I refuse to coparent w you". I am doing what I can do for my kids, with their interests foremost in my mind...he is clearly very ticked that I initiated separation/divorce even though he is in a new relationship. You would think he would be happy finally....!
    Is there anyone who can offer advice?

  • #2
    has he sent you his assessment yet? Do you have a court order?

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    • #3
      He has sent his assessment, there is no court order, but we do have a sep. agreement, (he has stepped over the line a cpl of times w breaking it).

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      • #4
        He can't just arbitrarily declare support is changing like that. He must send you his financials at the minimum. If you have a court order, he can get a motion to change the order based on his new financial information, but until then your old order is law. The two of you can come to an arrangement together, but to do this he must release his financial information. He must release his fiancial information to you on request within 30 days, this is law. For you to show a request you must send him a registered letter. There are other ways to request of course, but his is what the courts would absolutely accept. It also puts more pressure on him, he knows you aren't kidding. Send him a letter, formally worded with no emotional or personal content, stating that his child support at this time is $520 per month, and he is underpaying by $245 per month. State that you will of course agree to a recaclulation according to current financial information. "This is an official request for your 2009 tax return and notice of assessment, as well as proof of current monthly income. Failure to respond within 30 days is in violation of the Family Law Act and the Child Support Guidelines and will result in a court order for financial disclosure." If you want to, print out this fact sheet and include it for his information.

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        • #5
          OK, if he has sent his assessment, do you think his calculations are correct then? If so, you should come to an agreement with him. Your separation agreement should actually be worded that support will be varied according to changes in income.

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          • #6
            Yes, I did receive his tax assessment, but can he say that he "overpayed"? I agree that yes, it will fluctuate based on both of our incomes annually, and yes, now the support should change a bit based on this change of income, (we are still earning roughly the same, (65,423 for him and 34,598 for me)..(it seems to make sense for THIS coming year), but for last year, can he just make me repay what he thinks, (acc to the calculations he made w this software)? Is it common to have to "repay" based on last yrs tax return? I am very confused...

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            • #7
              Well, if his income changed drastically during the year, the onus is on him to request that the amount be varied. Usually the reason that one uses the Line 150 amounts and the federal tables is that it simplifies things. Otherwise you'd be calculating support every single paycheck.

              He cannot just arbitrarily decided that he "overpaid". What was his 2008 notice of assessment like? Did he "underpay" during that year?

              The yearly recalculation is a double edged sword. Yes, if he made less than he thought, he technically overpaid. However it works the other way as well. If his income drops drastically, he pays LESS support for the upcoming year.

              Essentially the payments are one year behind in terms of income used to calculate them.

              According to the existing guidelines for Ontario, and assuming offset table amounts and 2 children...he should be paying you 463/month. (His CS amounts are 978, yours are 515...difference 463)

              (This is assuming you are amicable to allowing a recalculation without forcing him to go back to court).

              If you have an actual Separation Agreement that lays out the amounts he is supposed to pay...file it with the FRO. That way any changes must be done via court order, and you don't have to fight with him anymore over it. It'd be a hard assed thing to pull, because the FRO is a notorious pain in the ass to deal with, but it would put the ball totally in his court to vary any amounts. Until he gets an actual court order, FRO would just continue to take the currently ordered amounts.

              Oh, and who currently collects the CCTB/UCCB? You? Him? Is it currently split like it's supposed to be?

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              • #8
                From what I understand, he doesn't get to 'take back' what he thinks he overpaid - each year you re-assess based on the previous year's income so if one year he makes a lot, he will pay more the following year. Basically, you are always paying a year behind. He doesn't get to just take out the overpayment as he has no idea what he ACTUALLY owes you for this year since it isn't over yet. Not sure if I explained that very well - Does that make sense?

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