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Child support, FRO and yearly adjustments

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  • Child support, FRO and yearly adjustments

    I am in the process of finalizing minutes of settlement with my ex, who is obligated to pay child support. This has been ongoing for 2 years and in that time child support has not been adjusted to reflect his income (the courts imputed an income during the motion).

    My children and I have been very fortunate thus far in that he pays faithfully every month. However, he is well aware of the amount that he should be paying (it is stated by his lawyer in the minutes, based on his 2009 tax return), yet he continues to pay the imputed amount, knowing full well that he will be owing a grand sum in arrears once a settlement has been reached; he has outright stated that he will not adjust the amount until the end.

    So, my questions are as follows:
    1) Does the FRO adjust the child support amount yearly based on the payors previous tax return?
    2) Who's responsibility is it to provide this information to the FRO? Not be sound condescending, but surely that figure wouldn't come from Revenue Canada - such sharing of information would make far too much sense!

    I am just so uncomfortable with not going with the FRO, based on his actions thus far in that he is unwilling to adjust the amount already to reflect his true income, which he acknowledges.

    The minutes of settlement have a provision that we are to exchange tax returns each year and adjust child support accordingly on July 01 of each year. However, the hairs on the back on my neck go up with the fear that I will be required to file a motion to vary each year to get him to pay the correct amount. If this is done by the FRO I can relax. I honestly do not want to deal with them but if their system does this without me having to be the "nag" every year, it sure will ease the stress in dealing with him.

    Thanks to all those who know my answers!

  • #2
    Originally posted by mom2three View Post
    However, the hairs on the back on my neck go up with the fear that I will be required to file a motion to vary each year to get him to pay the correct amount. If this is done by the FRO I can relax.
    Better get out the hair spray, cuz that's exactly what you have to do. I know because I have done it.

    The FRO only works off of court orders. They don't obtain the information for you.

    But take heart, cuz once you have established the new CS amount, it probably won't be worthwhille to revisit the issue at court annually as his income changes year to year probably won't merit it.

    But you should still be asking for that income information every year and enforcing disclosure if he doens't come across.

    I know I will. On f'n principle.

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