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  • #31
    It’s my understanding from my lawyer, that if your income is variable, child support is an average of a few years income.

    I agree with the above, keep paying it until you have a signed agreement or court order stating otherwise, or it could come back to haunt you on court.


    Sent from my iPhone using Tapatalk

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    • #32
      She can't have it both ways. When I got the bonus, I did not ask for an average, I told her (and her lawyer) in writing over a year ago that it was a 1-time bonus, and I paid the increase in CS. The only reason the high amount is in our agreement is that I got rid of spousal support (yeah for me!). When we amended the old agreement to include the spousal support release, the current income figures went in.

      To put things into perspective for everyone reading:
      Her last reported income = $130,000
      My last reported income = $280,000 (usually $200,00)
      We should be back to paying the offset of $200k - $130K = $513/month

      At Janus' suggestion, I made a $520 payment (instead of $1,140)

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      • #33
        You make over $200k a year, do you not have a lawyer you can call?

        At that level of income, judges are not going to be friendly to a perceived CS underpayment, tread carefully. Is $6000 a year really going to break you?

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        • #34
          Ha ha. Perhaps this is all an elaborate plan by anonymous to find himself a bride among the women reading this forum. I'm sure some of them are salivating at his last post.

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          • #35
            Originally posted by Janus View Post
            You make over $200k a year, do you not have a lawyer you can call?

            At that level of income, judges are not going to be friendly to a perceived CS underpayment, tread carefully. Is $6000 a year really going to break you?
            I was expecting the backlash regarding my income. And yes, I have a very good lawyer to call. Even though you are judging and rolling your eyes, it was this forum that gave me a variety of ideas that saved my butt 2 years ago. It was the suggestions on this forum that helped me get rid of SS 10 years earlier than the separation agreement stated. I took the knowledge I learned here to my lawyer. She said I was easy to work with because I had a solid plan that I believed in and it made her job easier because I wasn't flip-flopping all over the place.

            2 years ago Tayken raked me over the coals for how "stupid" I was to sign the agreement I did. Well... I got out of it.

            I don't think I need to explain how bat-shit crazy exes can be. Mine is more entitled than any person I have ever met. All of her problems are my fault even during our marriage and the FIVE years we've been apart. With respect to the $6k "overpayment" of CS... no, it's not going to break me. I know my ex. When it comes to saving money, she can't. Another fact to ponder. She walked away 5 years ago with $200k cash. She is currently $30k in debt with nothing to show for it except her pension. I save everything for my daughter's university because even though my ex will have to pay 40%, I know she won't. I am prepared for that.

            Also, I'm not looking for a bride. I have a wonderful new partner and step-daughter of 4 years.

            So make your jokes and criticise... I don't care... just keep the advice coming!

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            • #36
              Hey Anonymous - good to hear you ended your SS earlier than you originally had agreed to. Actually I think it was me who "raked you over the coals" WRT the agreement you had signed at the time.... Tayken was quite nice to you.

              You mention that your ex threatened to get FRO involved.

              I'd recommend that you don't look at FRO as a threat but instead beat her to it. File with FRO yourself. Fill out their forms and let the "free" service assist you. I believe they may compel her to provide financial disclosure. Problem is though, you will not be privy to that info. However, it would be fun for you to go through the process and then file a motion requesting financial disclosure.

              Many people don't realize that EITHER party can file with a maintenance enforcement agency. In going through one of these you never have to talk money with your ex... she/you get your money through them.

              Oh and the initial wait with FRO for her to receive money will drive her batty.... Another bonus is that when you enroll with FRO you are not allowed to pay her directly anymore. In Alberta you are actually fined if you do that once you file with MEP.

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              • #37
                Originally posted by Janus View Post
                You make over $200k a year, do you not have a lawyer you can call?

                At that level of income, judges are not going to be friendly to a perceived CS underpayment, tread carefully. Is $6000 a year really going to break you?

                Its neither here nor there what someone earns as a living. Its still their earnings. I make a decent wage but doesn't mean I would give my ex one nickel more than she is entitled too. That's a ball you sure as hell don't want to get rolling! $6,000 this year turns into them trying for $10,000 next year.

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                • #38
                  Originally posted by anonymous View Post
                  I was expecting the backlash regarding my income.

                  It wasn't meant as backlash. I just meant that I'm not a lawyer so I'm not sure if my advice should be taken over that of a real lawyer. If you can't afford a lawyer, then my advice might be the best you have, but that's not the case for you.

                  With respect to the $6k "overpayment" of CS... no, it's not going to break me.
                  And as piggy said, paying extra undeserved money to an ex is annoying. To be clear, I'm not saying you should pay more indefinitely, I'm just saying that if you are going to court anyway, might be worth it to walk in with, as I've already mentioned, the proverbially clean hands.

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