Ottawa Divorce .com Forums

Ottawa Divorce .com Forums (https://www.ottawadivorce.com/forum/index.php)
-   Divorce & Family Law (https://www.ottawadivorce.com/forum/forumdisplay.php?f=3)
-   -   Amend separation agreement question (https://www.ottawadivorce.com/forum/showthread.php?t=23441)

Alpinist 01-22-2021 11:46 AM

Thank you rockscan. Appreciate it.

StillPaying 01-22-2021 12:26 PM

Quote:

Originally Posted by Alpinist (Post 244985)
Would it be fair for me to ask for the table support amount of child support? Thats what we should have done all along.

Not if you have an agreement. Does it mention updating support or exchanging taxes? Regret is not a material change.

Fix the wording so you can both get the child benefits, as agreed upon. Delaying this is foolish. No need to amend for highschool, university or anything else your ex wants.

Alpinist 01-22-2021 12:50 PM

Yes we are supposed to exchange tax returns. We just didn't last year.

I agree... We don't need to update post secondary wording.. They are only in grade 7/8.

rockscan 01-22-2021 02:27 PM

So basically his major demand is to update the agreement so he can claim one child. The rest are moot updates and unnecessary.

Like I said before, tell him you will consider updating the agreement but until he provides full disclosure on his 2020 income you will not consider it.

Then when he sends that to you, you figure out what the new amount is and propose you update to that with the wording CRA will accept. Tell him the remainder of his requests are irrelevant at this time and you can discuss school expenses with the kids when they are prepared to apply for school.


Sent from my iPhone using Tapatalk

StillPaying 01-22-2021 03:03 PM

Quote:

Originally Posted by rockscan (Post 244990)
So basically his major demand is to update the agreement so he can claim one child....
Like I said before, tell him you will consider updating the agreement but until he provides full disclosure on his 2020 income you will not consider it.

He has been trying unsuccessfully for years to get the wording fixed in accordance with their agreement. This delay will not look good on the OP. Holding it hostage will be even worse.

Ex is doing everything right, following the order and paying the correct amount. Yet he's been missing out on thousands due to OP's delays.

Alpinist 01-22-2021 03:09 PM

Thank you very much, that is very helpful. Should he be paying my legal fees to update the agreement since it is a benefit to him for his taxes? Thanks

Alpinist 01-22-2021 03:16 PM

Still paying you have this wrong. For the past few years my ex has been asking me to submit all of these amendment forms for him during taxes thinking this would help and I did everything I could to try to help him including signing and attaching forms to my tax submission.. In order to help him. I have done everything he has asked. It was only a few weeks ago my ex reached out to me asking to update the agreement to fix this, hence why I am on this forum now.. Trying to determine my next steps. I have trying to fix this with him for years, all the while he is paying me below the table support amount of payment. If anything he owes me money.

rockscan 01-22-2021 06:29 PM

Quote:

Originally Posted by StillPaying (Post 244991)
He has been trying unsuccessfully for years to get the wording fixed in accordance with their agreement. This delay will not look good on the OP. Holding it hostage will be even worse.

Ex is doing everything right, following the order and paying the correct amount. Yet he's been missing out on thousands due to OP's delays.


No he hasnt, her original posts were asking how to change the wording as they have tried other measures and it doesnt work. He has now also asked for additional wording to be changed that is unnecessary AND he hasnt been providing proper disclosure.


Sent from my iPhone using Tapatalk

StillPaying 01-22-2021 07:52 PM

Quote:

Originally Posted by Alpinist (Post 244993)
If anything he owes me money.

This is sad. You have an agreement. You know he is paying the amount you agreed on and you also know he is missing out on thousands of dollars over the years which you agreed to as well.

The only way to fix the issue is with an updated agreement/court order. You're not changing a thing except being more specific on how the support amount is paid. This doesn't affect you at all. Instead of sending your letter to CRA, you just need to consent to him sending it to court.

You don't need to amend for post secondary or anything else if you don't want to. What does your agreement say about updating child support?

Alpinist 01-22-2021 08:32 PM

Our agreement states that he is to be paying me the table amount of child support.

Thanks Rockscan for your advice, I will take you up on it.
RT


All times are GMT -4. The time now is 01:48 PM.