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Child support motion to change due to lower income & joint custody being enforced

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  • #16
    Child support is based upon his income. How she affords things is her business. No, he would not be required to pay an amount to supplement her mortgage. If she can't afford it, that is her problem.

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    • #17
      Ok thank you. Also, he is to still wait for the Confirmation of Assignment correct? He can't file the Separation Agreement without it I understand.

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      • #18
        I don't know.

        I know when I attended the Milton Court House (Halton region) to file my agreement, I just needed to fill out a simple form and attach a copy of the agreement. It was a 5 minute job.

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        • #19
          Thanks. The FICL advised him but I know why now. She said save some time and get the Confirmation of Assignment so you can put BOTH the Separation Agreement and the Motion to Change at the same time when he sees the Duty Counsel.

          Wondering though, would you suggest he goes and files the SA Monday morning so it become part of the court and he can get to access to the kids and then just wait for the Confirmation of Assignment and go back and file Motion to Change and all that. How fast does the SA become a Court Document? And can he file it at any location? Separation papers not signed in Brampton but he lives in Brampton, she lives in Orangeville.

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          • #20
            I would file it with the courts because once it is filed, any action contrary to the agreement now becomes contempt.

            Right now, it is just breach of contract. His enforcibility is almost civil in nature. But if he files the agreement with the courts, the agreement effectively becomes a court order.

            Further, if he has to take her to court in the future anyway, this is just one less step he has to take down the road. So if he thinks he has to do it anyway, why not do it now?

            And it may have the added benefit of, once he advises his ex that the agreement is now filed with the courts and is now effectively a court order, she may take it more seriously and tread more cautiously.

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            • #21
              Thank you kindly for the guidance. Monday morning it is.

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