My income varies as I am on commission.
We have a S/A that has been in effect for 3 years. Divorced for 2 years.
S/A states the support ammount as of 3 years ago and states it is based on guideline table ammounts and may be adjusted annually based on current guidelines and income. It also states proof of income shall be provided by request (not automatically).
SItuation: I adjusted support 2 years ago as my income dropped significantly due to the recession, T4 provided as per agreement. She cried foul and claimed I was not 'allowed' to unilaterally change the agreement but payments continued until this year at that rate.
She did not ask for my proof of income until this year, I provided it. Income had gone up 50% of what it had dropped the next year and to 75% of the original support calc. last year but I did not alter support since there were no requests for income.
I suppose I 'should' have adjusted it but the agreement reads 'may' not must.
Now my X is asking that the S/A be made into an order and intends to use FRO claiming arrears and late payments etc. We have a casual arrangement and I always give her the check in the children's bag on return near month end weekend. Sometimes that mean it's a few days past month end and it's never been a big deal but now she claims it is (I guess to make me look bad).
My questions revolves around the unknown of "FRO" and how our agreement would be enforced by them.
Since the agreement states 2 things, the original '07 amount AND that it can be adjusted annually by income will they adjust it automatically, will they take the original number in that paragraph and use that or will they want an amendment to the variable clause specifying a fixed amount??
The way I understand it is if my income goes up and my x wants more support accordingly, I am supposed to voluntarily increase it with FRO, otherwise she goes to a judge to order it (and I likely pay her expenses as I was being intentionally resistant).
Does FRO require proof of income every year or does that go to the X. Will FRO INCREASE amounts automatically due to change in income or only if the tables change? Seems only fair (not that ever enters into fam. law) that if FRO will automatically adjust up for income change they would also adjust down, especially if it's written into an agreement.
Are there any downfalls for the payor using FRO rather than a private arrangement?
Are there downfalls for the payee?
TIA
We have a S/A that has been in effect for 3 years. Divorced for 2 years.
S/A states the support ammount as of 3 years ago and states it is based on guideline table ammounts and may be adjusted annually based on current guidelines and income. It also states proof of income shall be provided by request (not automatically).
SItuation: I adjusted support 2 years ago as my income dropped significantly due to the recession, T4 provided as per agreement. She cried foul and claimed I was not 'allowed' to unilaterally change the agreement but payments continued until this year at that rate.
She did not ask for my proof of income until this year, I provided it. Income had gone up 50% of what it had dropped the next year and to 75% of the original support calc. last year but I did not alter support since there were no requests for income.
I suppose I 'should' have adjusted it but the agreement reads 'may' not must.
Now my X is asking that the S/A be made into an order and intends to use FRO claiming arrears and late payments etc. We have a casual arrangement and I always give her the check in the children's bag on return near month end weekend. Sometimes that mean it's a few days past month end and it's never been a big deal but now she claims it is (I guess to make me look bad).
My questions revolves around the unknown of "FRO" and how our agreement would be enforced by them.
Since the agreement states 2 things, the original '07 amount AND that it can be adjusted annually by income will they adjust it automatically, will they take the original number in that paragraph and use that or will they want an amendment to the variable clause specifying a fixed amount??
The way I understand it is if my income goes up and my x wants more support accordingly, I am supposed to voluntarily increase it with FRO, otherwise she goes to a judge to order it (and I likely pay her expenses as I was being intentionally resistant).
Does FRO require proof of income every year or does that go to the X. Will FRO INCREASE amounts automatically due to change in income or only if the tables change? Seems only fair (not that ever enters into fam. law) that if FRO will automatically adjust up for income change they would also adjust down, especially if it's written into an agreement.
Are there any downfalls for the payor using FRO rather than a private arrangement?
Are there downfalls for the payee?
TIA
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