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  • Motion to change support amount..

    Hi All,

    My partner has court ordered support payments totalling more than 50% of his employment income. After paying directly to the recipient by cheque for more than 2 years he chose to go through the FRO in Jan 2007.

    He presently is in arrears for 2 reasons:

    1. Six months after payments began thru the FRO this year he received a letter notifying him that his ex had submitted a 'Statement of Arrears' through her lawyer. Our mistake in not realizing she could do this. When the FRO case papers were received the arrears were '0'.

    2. The deduction of 50% from his pay does not cover the support leading to arrears every month.

    In late 2006 through his lawyer an 'undue hardship' case was considered but the figures didn't warrant this. The approach of mentioning it to the Judge was met with 'what you are paying her is a pittance'.
    At this time we have a 'spousal support amount of $900/mth reviewable after a 5 yr. period from March 10, 2006. In addition to the table amount of CS which is at present $1073/mth.

    On two different occasions a Client Rep from FRO has suggested going to court to get it lowered. At present there is a active Federal Deduction Order and in 30 days a notice will be sent to the Credit Bureau if the arrears are not paid.

    Here's the questions:

    Can you do this independently of your lawyer that is working on your division of property?
    Does it have to be filed at the same courthouse where the divorce proceedings are filed?
    Will the Motion to Change support encompass both the Child & Spousal Support or just the spousal?
    Is there a possibility that if you broach the topic of spousal support it could go up? (for 22 months it was $1100 then was lowered by $200 WE THINK because that Judge thought that the completion of a college course would lead the ex to becoming employed more then casual/on call)
    Is the fact that the 50% deduction doesn't cover it all looked at favourably by most Judges?
    Would two periods of recovery from surgery leading to reduced income through WSIB help the case?

    Thanks for any input in advance!

  • #2
    Anyone able to address my questions please?

    Comment


    • #3
      suchislife;

      as you mentioned:

      [QUOTE] Can you do this independently of your lawyer that is working on your division of property?
      [QUOTE]

      Yes. However, the lawyer should be kept in the loop. Keep in mind that some lawyers like the all or nothing approach.

      Does it have to be filed at the same courthouse where the divorce proceedings are filed?
      It is always best if possible to keep all issues together and all documents in the same file to prevent confusion.


      Will the Motion to Change support encompass both the Child & Spousal Support or just the spousal?
      The motion will consist of whatever the parties bring forth.

      Is there a possibility that if you broach the topic of spousal support it could go up? (for 22 months it was $1100 then was lowered by $200 WE THINK because that Judge thought that the completion of a college course would lead the ex to becoming employed more then casual/on call)
      Anything could happen, it may go up, it may be lowered. Everything swings on the facts. Litigating is always a gamble.

      Is the fact that the 50% deduction doesn't cover it all looked at favorably by most Judges?
      Difficult to comment, will be dependent on the specific Judge.

      Would two periods of recovery from surgery leading to reduced income through WSIB help the case?
      It may construe to be a material change. What is relevant is the person's health and present abilities now.


      lv

      Comment

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