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Varying the annual child support payable and FRO?

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  • Varying the annual child support payable and FRO?

    All,

    I have court order from November of 2019 with a paragraph in it that specifies that child support is varied annually based on my T4 income. It also specifies that I provide my T4 income to the Applicant on or before June 1st of every year and the amount is varied on July 1st of every year. Pretty straightforward.

    I received a call from the FRO last week (approximately 18 months after the court order) saying that I was in arrears. This was from a new FRO agent assigned to my case. I made the slight adjustment lower in July of 2020 based on the court order and made the bill payments to the FRO like I have been doing for years. I understand the FRO can only act on the dollar amount specified in the order of 2019. I tried to explain that I was only following the order and the paragraph that specified I make the adjustment annually.

    I will again be adjusting the amount payable this July 1st based on my 2020 T4 per the order.

    I found out this morning that I can't use the online re-calculation service because my daughter is older than 17.5 years old and therefore I don't qualify to use the service.

    Does anyone know what I have to do or file with the court so that the FRO has the accurate information and knowledge that I'm not in arrears and the new correct figure for child support for 2020 and 2021?
    I'm guessing I will have to do this annually until my daughter finishes post-secondary.
    My order states that while the child is in post-secondary there are no child support payments while they are away attending school as those expenses are shared proportionately based on income. Child support only comes into effect in the summer months.

    Thanks in advance

  • #2
    You will need a new order for support. That can be done in one of two ways.

    If you and your ex are in agreement, file a motion to change on consent which will be rubber stamped and sent to FRO.

    If your ex doesn’t agree, you need to file a motion to change and go through the process. It’s relatively straight forward and you won’t need a lawyer. Simply fill out the relevant forms outlining the agreement and your income and go from there.

    I strongly urge you to keep your arrears owing under $3000 as they will seize your drivers license.

    Comment


    • #3
      Thanks for the quick reply Rockscan.

      Do you know if this can be done remotely or will I have to go to the Family Court and submit the documents?

      Seems like a complete waste of time and energy given the court order spells out exactly what has to happen annually. There is an online calculator and its very simple to calculate and pay accordingly. Also, not sure I understand why the online service is not available to kids that are 17.5 or older.

      Comment


      • #4
        Originally posted by bake View Post
        Thanks for the quick reply Rockscan.

        Do you know if this can be done remotely or will I have to go to the Family Court and submit the documents?

        Seems like a complete waste of time and energy given the court order spells out exactly what has to happen annually. There is an online calculator and its very simple to calculate and pay accordingly. Also, not sure I understand why the online service is not available to kids that are 17.5 or older.
        I wonder if it is due to post secondary education and the differences for figuring out child support etc?

        Comment


        • #5
          FRO has well intentioned elements but they don’t always work.

          You could ask a supervisor at FRO why it isn’t available but more than likely you will need a new order.

          Online filing is allowed. Look at your local court for what you have to do.

          Comment


          • #6
            I spoke with the FRO again today and they advised the easiest way to validate that no arrears are in place for either party is to get a domestic contract signed that states as of a certain date, both parties were not in arrears and that the amount going forward from July 1st 2021 - June 30, 2022 would be the following based on paragraph 12 of the current order.

            Of course they suggest getting legal advice...

            This domestic contract along with a form 26B would need to be submitted to the courts and then sent to the FRO to validate that there are no arrears payable by either party.

            Because my other daughter lives with me and the order states that while she is not in post-secondary the applicant must pay me x amount of dollars for the time she is back home which is typically 4 months in the summer. Since she attended summer school the applicant is not required to pay that amount but the FRO will not accept that and determine the applicant is also in arrears.
            The domestic contract will state that both parties are not in arrears and should be sufficient to update the FRO on the current status and amounts going forward for child support for my other daughter.

            Hope this helps somebody out there.

            Thanks to those that responded, appreciate your help.

            Comment


            • #7
              You could also have your ex agree to withdraw from FRO...

              Comment


              • #8
                Good advice, unfortunately she wouldn't agree to that.
                Might be different now that she also has to pay child support.

                Thanks again for the replies and advice.

                Kind Regards

                Comment


                • #9
                  Hello rockscan, my ex has agreed to a domestic contract to indicate that neither of us are in arrears w.r.t. to child support so that it can be sent to the FRO. There is a paragraph in our court order that states every July 1st child support is varied by my T4 income and her line 150 on her tax return. I was told I also have to fill out a form 26B along with this domestic contract. We are both not in arrears but the FRO only look at the figures from 2019 court order and disregard the paragraph that says to vary the child support each year...


                  Form 26B is pretty basic and has the following 2 paragraphs:
                  1. I attach a copy of a

                  a)marriage contract
                  b)cohabitation agreement
                  c)separation agreement
                  d)paternity agreement

                  for filing with the court so that its support provisions can be enforced or changed as if they were a court order.

                  2. The contract/agreement has not been set aside or disregarded by a court nor has it been changed by agreement of the parties.

                  Under paragraph one, which box should I check off or do I just attach the domestic contract which is self explanatory? Not sure I understand paragraph 2 of form 26B.

                  Thanks in advance

                  Comment


                  • #10
                    Originally posted by bake View Post
                    Hello rockscan, my ex has agreed to a domestic contract to indicate that neither of us are in arrears w.r.t. to child support so that it can be sent to the FRO. There is a paragraph in our court order that states every July 1st child support is varied by my T4 income and her line 150 on her tax return. I was told I also have to fill out a form 26B along with this domestic contract. We are both not in arrears but the FRO only look at the figures from 2019 court order and disregard the paragraph that says to vary the child support each year...


                    Form 26B is pretty basic and has the following 2 paragraphs:
                    1.I attach a copy of a

                    a)marriage contract
                    b)cohabitation agreement
                    c)separation agreement
                    d)paternity agreement

                    for filing with the court so that its support provisions can be enforced or changed as if they were a court order.

                    2.The contract/agreement has not been set aside or disregarded by a court nor has it been changed by agreement of the parties.

                    Under paragraph one, which box should I check off or do I just attach the domestic contract which is self explanatory? Not sure I understand paragraph 2 of form 26B.

                    Thanks in advance

                    I dont have any knowledge of that form.


                    Sent from my iPhone using Tapatalk

                    Comment


                    • #11
                      Ok, thanks for the quick reply.

                      Regards

                      Comment

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