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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 08-08-2019, 09:04 PM
iona6656 iona6656 is online now
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Originally Posted by Berner_Faith View Post
My husband has changed child support for the past ten years without going to. Why would you have to go to court to change it? You do realize even without these clauses, if any of those clauses do happen CS will change right? This is actually super common in agreements and you’re making a mountain out of a molehill


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It’s a bad clause because it allows for the parties to present “evidence” that hasn’t been tested. And then you argue and end up in court anyways.

My ex is an accountant - with a good lawyer. If his CS needs to change he’ll know what needs to be presented. If it’s bullshit evidence (anything other than his previous years NOA) I wouldn’t accept it anyways. So I’m not going to give him the opportunity to change it unilaterally. He can state all those terms- they’re not wrong- but just giving me “evidence” is not going to cut it.

I think people think standardized language is okay because it’s the norm. But how many people end up back here looking for advice? And end up in court anyways. Look at the spousal support tax question in this forum. That was some bullshit drafting that led the poster to some issues.
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  #12  
Old 08-08-2019, 09:08 PM
Berner_Faith Berner_Faith is offline
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Originally Posted by iona6656 View Post
It’s a bad clause because it allows for the parties to present “evidence” that hasn’t been tested. And then you argue and end up in court anyways.

My ex is an accountant - with a good lawyer. If his CS needs to change he’ll know what needs to be presented. If it’s bullshit evidence (anything other than his previous years NOA) I wouldn’t accept it anyways. So I’m not going to give him the opportunity to change it unilaterally. He can state all those terms- they’re not wrong- but just giving me “evidence” is not going to cut it.

I think people think standardized language is okay because it’s the norm. But how many people end up back here looking for advice? And end up in court anyways. Look at the spousal support tax question in this forum. That was some bullshit drafting that led the poster to some issues.


So you’re going to court every year to update CS is what you’re saying? If he provides his NOA and his income increases and he agrees to pay more are you going to court to get a new order? What if his income decreases? And he agrees to pay what the guideline states? Are you going to disagree and go to court? This is such a waste of courts time. And a waste of your time as well... annual updating is the norm and very rarely does it involve court. Seems like your lawyer is just looking for more billable hours


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  #13  
Old 08-08-2019, 09:50 PM
iona6656 iona6656 is online now
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Default Child support variability clause?

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Originally Posted by Berner_Faith View Post
So you’re going to court every year to update CS is what you’re saying? If he provides his NOA and his income increases and he agrees to pay more are you going to court to get a new order? What if his income decreases? And he agrees to pay what the guideline states? Are you going to disagree and go to court? This is such a waste of courts time. And a waste of your time as well... annual updating is the norm and very rarely does it involve court. Seems like your lawyer is just looking for more billable hours


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No- because there is another clause regarding CS update based on the previous years T1- and revising section 7 contributions. These clauses are different.

My lawyer wouldn’t be doing the work either- I’ll be moving to a limited scope retainer after parenting is settled.

I do all the drafting and paperwork on my file anyways.


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Last edited by iona6656; 08-08-2019 at 09:53 PM.
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  #14  
Old 08-08-2019, 10:00 PM
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No- because there is another clause regarding CS update based on the previous years T1- and revising section 7 contributions. These clauses are different.

My husband had that one too.

Truly, if you have an unreasonable ex, nothing in your agreement will matter. All the clauses my husbands ex ignores or misinterprets are completely clear. She chooses to ignore/misinterpret them. If we took out all the ones she won’t follow, the only ones left would be “pay cs” “send income info” and “reside primarily”.
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  #15  
Old 08-08-2019, 10:26 PM
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Today I received a rumbling from my ex (or his g/f). He is now picking apart one sentence in a judge's decision from 2014. Of course he doesn't reference the sentence afterwards. I kid you not. So I expect to start the annual court thing again soon. It has been so nice and peaceful...

My ex is a perfect example of someone who is unreasonable. I wonder if it is boredom?
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  #16  
Old 08-09-2019, 07:16 AM
rockscan rockscan is offline
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Lol have you ever thought of asking why he hasn’t married her??

Did he think about the decisions after 2014?
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  #17  
Old 08-09-2019, 09:24 AM
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My husband had that one too.

Truly, if you have an unreasonable ex, nothing in your agreement will matter. All the clauses my husbands ex ignores or misinterprets are completely clear. She chooses to ignore/misinterpret them. If we took out all the ones she won’t follow, the only ones left would be “pay cs” “send income info” and “reside primarily”.
Yeah- I think it's 50/50 crapshoot on whether I'm back in court.

Knowing my ex- I'm thinking there are three possibilities- 1) he walks away once the fight is over 2) he fights me every couple of years in court, or 3) he gets better at parenting D2- in which case- I have no problem transitioning to shared custody. I would prefer option 3, but I have almost no hope of that happening.

If he walks away- I'm not going to spend my time fighting him in court for CS or the like. Honestly- I know it may not be "fair" to D2...but the truth is- even with only me as her provider, she's not going to suffer a lesser life financially. She might have to pay for post graduate school herself- but that never hurt anyone. She'll have what she needs without her dad's support if that's the case.
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  #18  
Old 08-09-2019, 11:00 AM
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No- because there is another clause regarding CS update based on the previous years T1- and revising section 7 contributions. These clauses are different.

IMO that the first clause is in the event of job loss or job changes mid year. Giving NoA's isn't helpful when there is a change in September and you have wait until May-June when you receive your NoA.


I just got a new job starting September 1, it pays over 10% more. My ex shouldn't have to wait until I get my NoA for me to update my CS. Should the reverse happen and I lost my job, I shouldn't have to wait to lower my cs. So long as there is reasonable evidence of income changing, waiting or going to court should not be necessary.


I may change the clause to read:


(a) a material change in either party's income;


"Financial Position" is too broad and could be interpreted to include buying a car that was too expensive, thus my financial position changed. Limiting it to income narrows the scope.
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  #19  
Old 08-09-2019, 11:11 AM
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Lol have you ever thought of asking why he hasn’t married her??

Did he think about the decisions after 2014?

She is still married to her husband (who lives with her mother). The husband is our former employee. My ex is in business with the former employee. I believe it is all registered under the mother's name. I further speculate that ex receives income through g/f who receives it from her mother. Very convoluted.

Everything has been argued in court before. As usual, my response will be res judicata I just have to waste my time filing out all the forms once I am served.

Ex's g/f who does all the paperwork isn't very bright. Last year she tried to circumvent legal process by writing to Alberta Chief Justice. I didn't see the letter but I received a copy of their response which was scathing.
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