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Ex decides to reduce CS provided

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  • Ex decides to reduce CS provided

    Hi all...my wife is currently in the middle of court proceedings with her ex regarding CS and s7 contributions. Last month, her ex unilaterally decided to reduce the amount of CS he provided. He stated this was due to the fact that their son is now back in university (away from home) and that he was now just paying CS for their daughter. However, the amount of CS he was paying before was calculated based on the 4 months his son was home during the summer, averaged over 12 months. My wife has communicated with him that he is not paying proper support, and even included an explanation of calculations right from the tables. She is going to get her lawyer to write his lawyer explaining the situation and requesting that he pay the proper amount right away, but my question is...is there anything else that can be done or do we just have to wait out the legal process to right the wrong? The court date will likely be mid-2019 and in the meantime, her ex is able to save $ for his legal fees by choosing to reduce CS and put more financial pressure on us for our legal fees. I should mention that there is no existing court order in place. Thanks!

  • #2
    Are you in a province that has an enforcement agency? Do they have an order that clearly lists the amounts?

    If yes, file the order for enforcement.

    If no, she will have to go through the process and she can demand costs and he will have to pay full table for next year plus the extra amounts he missed the last five months of this year.

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    • #3
      Unfortunately there is no existing order. I figured there was no other means than to continue with the legal proceedings, but thought I'd ask. She was already going for costs, so I'm guessing this latest move by her ex will only strengthen her position for going for costs.

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      • #4
        Yes it will.

        If she has a lawyer then they will know what to do.

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        • #5
          File the separation agreement with the court. It will become enforecable as a court order.

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