I'm new here and have been browsing the forums but can't seem to find a situation close to mine.
My ex and I have been separated since June '09, I continued to live in our matrimonial home until it was sold in January '10, with our two children.
Once I moved to my own home with the kids, our SA (which was drawn up by our respective lawyers but not registered with the courts) stated that child support would be paid on the 1st of the month at $xxx.xx based on his line 150 the previous year. My ex provided me with 5 postdated cheques for the amount laid out in our SA. In July '09 my ex provided me 5 more cheques for a reduced amount of child support stating that he was not making as much money for the year so far therefore the amount laid out in our SA was an undue hardship. I accepted the reduction and life went on.
Since the end of Dec '10 the ex has been without work due to a layoff situation at this job (with no hope of getting his job back) therefore in the process of collecting EI. He has provided me with 2 postdated chqs for CS based on his forward projection of how much he thinks he is going to make this year.
My question is, is this how child support is calculated? Can he just adjust child support payments without amending the SA or at the least providing written notice that he plans to decrease the CS amount? As I am the CP of the kids and have a mortgage etc it would be helpful to plan my finances for the children each month instead of guessing how much my ex will pay.
Thanks for any advise/help any one can provide.
My ex and I have been separated since June '09, I continued to live in our matrimonial home until it was sold in January '10, with our two children.
Once I moved to my own home with the kids, our SA (which was drawn up by our respective lawyers but not registered with the courts) stated that child support would be paid on the 1st of the month at $xxx.xx based on his line 150 the previous year. My ex provided me with 5 postdated cheques for the amount laid out in our SA. In July '09 my ex provided me 5 more cheques for a reduced amount of child support stating that he was not making as much money for the year so far therefore the amount laid out in our SA was an undue hardship. I accepted the reduction and life went on.
Since the end of Dec '10 the ex has been without work due to a layoff situation at this job (with no hope of getting his job back) therefore in the process of collecting EI. He has provided me with 2 postdated chqs for CS based on his forward projection of how much he thinks he is going to make this year.
My question is, is this how child support is calculated? Can he just adjust child support payments without amending the SA or at the least providing written notice that he plans to decrease the CS amount? As I am the CP of the kids and have a mortgage etc it would be helpful to plan my finances for the children each month instead of guessing how much my ex will pay.
Thanks for any advise/help any one can provide.
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