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Child support variability clause?

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  • #16
    Lol have you ever thought of asking why he hasn’t married her??

    Did he think about the decisions after 2014?

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    • #17
      Originally posted by rockscan View Post
      My husband had that one too.

      Truly, if you have an unreasonable ex, nothing in your agreement will matter. All the clauses my husbands ex ignores or misinterprets are completely clear. She chooses to ignore/misinterpret them. If we took out all the ones she won’t follow, the only ones left would be “pay cs” “send income info” and “reside primarily”.
      Yeah- I think it's 50/50 crapshoot on whether I'm back in court.

      Knowing my ex- I'm thinking there are three possibilities- 1) he walks away once the fight is over 2) he fights me every couple of years in court, or 3) he gets better at parenting D2- in which case- I have no problem transitioning to shared custody. I would prefer option 3, but I have almost no hope of that happening.

      If he walks away- I'm not going to spend my time fighting him in court for CS or the like. Honestly- I know it may not be "fair" to D2...but the truth is- even with only me as her provider, she's not going to suffer a lesser life financially. She might have to pay for post graduate school herself- but that never hurt anyone. She'll have what she needs without her dad's support if that's the case.

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      • #18
        Originally posted by iona6656 View Post
        No- because there is another clause regarding CS update based on the previous years T1- and revising section 7 contributions. These clauses are different.

        IMO that the first clause is in the event of job loss or job changes mid year. Giving NoA's isn't helpful when there is a change in September and you have wait until May-June when you receive your NoA.


        I just got a new job starting September 1, it pays over 10% more. My ex shouldn't have to wait until I get my NoA for me to update my CS. Should the reverse happen and I lost my job, I shouldn't have to wait to lower my cs. So long as there is reasonable evidence of income changing, waiting or going to court should not be necessary.


        I may change the clause to read:


        (a) a material change in either party's income;


        "Financial Position" is too broad and could be interpreted to include buying a car that was too expensive, thus my financial position changed. Limiting it to income narrows the scope.

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        • #19
          Originally posted by rockscan View Post
          Lol have you ever thought of asking why he hasn’t married her??

          Did he think about the decisions after 2014?

          She is still married to her husband (who lives with her mother). The husband is our former employee. My ex is in business with the former employee. I believe it is all registered under the mother's name. I further speculate that ex receives income through g/f who receives it from her mother. Very convoluted.

          Everything has been argued in court before. As usual, my response will be res judicata I just have to waste my time filing out all the forms once I am served.

          Ex's g/f who does all the paperwork isn't very bright. Last year she tried to circumvent legal process by writing to Alberta Chief Justice. I didn't see the letter but I received a copy of their response which was scathing.

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