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Old 01-28-2011, 03:31 PM
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InterprovincialParents InterprovincialParents is offline
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I will say, a bit harsh DTTE...

As for retro child support, do you exchange income tax yearly? If so, you will need to rationalise to the courts why you did not apply for a variance sooner, just as he will have to rationalise why he did not voluntarily increase when his income did.

Two years later, it is still a material change, but one that will have to be proven, since it was no big deal 2 years ago when it occurred.

That being said, ask for it. The worst case scenario: You don't get retro, but you get ongoing to guideline.

My first step would be to send him an email stating that since you are now aware of his income of X, and considering the parenting arrangement currently in place where he spends Y time with the kids, you would like to see CS raised to guideline amount, effective February 1, and ongoing.

That allows the court to see a date where you DID ask for an increase, and you will be more likely to get retro to the date of that email.