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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-12-2018, 02:50 PM
TheDailyDad TheDailyDad is offline
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Default CS Update Procedural Motion

Hello and thanks for any replies!


I am wondering if it is possible to do an update to child support ( an offset amount) via a procedural motion (these are usually held on Tuesdays and Thursdays).


We have a court order (on consent) that says we will update the child support every year after tax time. Unfortunately, the other party does not want to cooperate with this request and is choosing to ignore it.


Since this is not actually a change to the court order, I do not believe you would need a motion to change. I also don't believe you would need a full motion to do this as I would have all the tax documents, as well as the original court order.


Any thoughts? Does anyone have experience with this?


Child Support is currently enforced through FRO, but they need a court order with the updated amount.
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Old 07-12-2018, 02:55 PM
rockscan rockscan is offline
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Its a motion to change. Not sure if you can do a procedural motion. Everything I have read says its a regular motion to change.
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Old 07-13-2018, 12:15 AM
denbigh denbigh is offline
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so, if I am understanding this right, if you go through fro you would have to get a court order every single year?i can see why not going through fro would make sense then (assuming parents cooperate). do other provinces work the same way? if the separation agreement is worded to say update annually, couldnt fro just accept the tax assessment instead? at least for people who have simple payouts from an employer, wouldnt work for the self employed. but if all your income is on line 150, that seems simple enough for fro.
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Old 07-13-2018, 07:04 AM
rockscan rockscan is offline
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Yes it would make sense but FRO has not evolved to that point.
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Old 07-13-2018, 11:28 AM
ReFrame ReFrame is offline
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Agreed! I have verified by phone that FRO will not do that. I am in a similar (but more complicated) predicament and have been advised by lawyer that if all the adjustments are already specified in the separation agreement, it wouldn't be a motion to change, but a filing for contempt.

Found this article interesting, but short on solutions:

http://familyllb.com/2014/02/03/brea...-able-to-help/
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Old 07-13-2018, 10:16 PM
ross_toronto ross_toronto is offline
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Quote:
Originally Posted by denbigh View Post
so, if I am understanding this right, if you go through fro you would have to get a court order every single year?i can see why not going through fro would make sense then (assuming parents cooperate). do other provinces work the same way? if the separation agreement is worded to say update annually, couldnt fro just accept the tax assessment instead? at least for people who have simple payouts from an employer, wouldnt work for the self employed. but if all your income is on line 150, that seems simple enough for fro.
Yes every year. It's madness. You can do a consent motion for free (assuming you have consent), you have exchanged tax information and all you are updating is child support but it takes a day or so of your time and a few weeks wait.
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Old 07-16-2018, 03:35 PM
TheDailyDad TheDailyDad is offline
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Quote:
Originally Posted by rockscan View Post
Its a motion to change. Not sure if you can do a procedural motion. Everything I have read says its a regular motion to change.
I am really doubtful about it being a motion to change. The whole point of a motion to change is to alter something that was never considered in the original court order. That would also mean you would have to prove a material change of circumstances.

The issue is, most people who have a court order have the clause in there that child support is to be calculated and adjusted every year. In essence, this is merely an enforcement of the existing court order since you are not asking to change it...
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Old 07-16-2018, 03:51 PM
ross_toronto ross_toronto is offline
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It’s form 15D “consent motion to change child support”. It is required in Ontario if your agreement is registered with the FRO before they will make the adjustment. No material change required.

If all goes well this is a few hours of paperwork and a trip to the courthouse to file the papers. You hear back in a few weeks. Note your ex must sign and approve. It Is presumed if all is in order they will not withhold consent.
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