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ReFrame 05-24-2018 03:02 PM

Annual Adjustments and FRO
I understand FRO will not complete any calculations for annual adjustments, but am wondering if anyone knows how the following would be handled.

22 year traditional marriage (27 year cohab), separation agreement signed 18 months ago with annual adjustments to occur every July 1. I do receive some spousal (I understand that will be a sore point) but opted for low spousal in order to help the 3 children out more with post secondary expenses (for some, that may also be a sore point). Agreement states that as each child finishes post secondary, their support will end, and spousal will be readjusted upwards.

Like many of you, situation is acrimonious. We did not make it through our first adjustment, last year, although ex unilaterally made his own adjustments (and is therefore now in arrears)

I am contemplating filing with FRO, but am uncertain how the adjustments would be handled. There is a starting figure listed for spousal in the agreement as well as specific amounts and end dates for two of the children, one date which has now passed, which means support is no longer being paid for them and spousal should be recalculated. The agreement also states that the current agreement holds until we reach a new agreement, or have a new court order.

So, is FRO likely to reduce the amount payable by the child that has an end date, but not change spousal or add in for the child that has started post secondary in the mean time, or, does everything hold until we can reach an agreement?

First post, so I am bracing myself....

rockscan 05-24-2018 03:13 PM

If there is an end date specifically worded in the agreement for child support then yes they will stop enforcing. BUT, that specific date has to be “support will stop on May 31, 2018”. You could call FRO and ask them about it specific to your order and see what they say.

You should definitely get it enforced though if he has made his own adjustments outside the agreement. If it can go to FRO, they will continue to garnish his income including cpp.

ReFrame 05-24-2018 03:30 PM

Thanks Rockscan, it specifically does give an end date for support or the eldest, and continues on to say that spousal gets adjusted upward at that same date, but not an amount, and that post secondary for the youngest will begin, but again, not a specified amount.

Is it possible to call FRO without having a case number already assigned? I couldn't find a general inquiry number, but should maybe persevere.

rockscan 05-24-2018 05:16 PM

There should be a number on the page you can call. Be prepared to wait on hold.

Failing that, file a motion to change to allow for the updates plus include the arrears he owes. That way the amount will simply continue. Wording could be something like “child support for x will end May 31, 2018. Spousal support will become $xxxx as of June 1, 2018 enforceable by FRO.”

Im not a lawyer though. I just know that we were pre FRO as kids and my father was still having his taxes and cpp garnished up until my mother died.

arabian 05-24-2018 06:35 PM

Sounds like a smart agreement (temporary lower spousal to help kids out with school) as presumably your tax wouldn't be as high for a period....

Don't worry about blow-back from people on here about Spousal Support. There are many people, such as myself, who are recipients of INDEFINITE SS. Each case for SS is judged on its own individual merits. Some people can't wrap their heads around this is all.

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