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  • Child support reduction

    My ex and I reevaluate child support every June based on the previous years income. Since he moved up in his career and started making more money every year he tries to get out of following the tables for one reason or another. 1 year 10k was extra because his company gave him that to buy a car since they were taking back the company vehicle when he moved up to management. So I couldn’t count that even though it was part of line 150. I agreed that year. But each year he tries something else. This year it’s covid. He says his work week is reduced so he will be making less than last year. He is married in a dual
    Income home no other children. Both kids live with me. Our eldest is 20 and dropped out of her post secondary program late 2019 so he stopped paying for her. That’s fine though she is planning to return to school in the fall.

    My response was to follow the tables and then next year he will continue to follow the tables. He’s responded basically saying he cannot pay the increase. I’m just frustrated because we go through this every year.

    Am I wrong for telling him to simply follow the tables?

  • #2
    If he has proof his income has gone down (via several weeks of pay stubs and/or a letter from his employer) then adjust it to that. If he refuses to provide that then you go by his line 150 on his 2019 income tax.

    As for 20 yo kid, he should be paying cs for them come September.

    His household income means nothing. If he is claiming he can’t afford cs as he has a new family remind him your kids are #1.

    Comment


    • #3
      He got a letter from his employer to say his work week was cut to 4 days and they estimate he will make about 22k less. Last year he received a huge bonus Over his usual . If covid wasn’t happening he’d have found another excuse as was the case a couple years ago. I only mentioned he has a wife in that it’s not like he’s on his own trying ends meet, nor does he have a low income job.
      Again this happens every year and it’s just frustrating.

      Comment


      • #4
        Well then agree to reduce it now and refresh the amounts in the fall and when his income goes up. You can also reconcile the underpayment when you receive his income tax next year.

        It is not unreasonable for him to modify based on his income changes. He is living on less money regardless of who is sharing his household expenses.

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        • #5
          Thanks for the advice.
          He says he’s on the modified schedule till December. If my daughter goes back to school in September then what? He says he can’t pay the extra $200 now for the 1 child.

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          • #6
            He has to pay it. You email him the amounts going by the tables as an official notification. That way if you decide to file for a change to set the support you have proof you asked.

            Do you have an original order and if yes is it close to the amount he owes? If yes you could file that with FRO (if in Ontario) for enforcement and then he would be forced to either agree to updating it on consent or file with the court.

            Comment


            • #7
              We’ve always just followed the support tables. Our separation agreement just says that we will re-evaluate child support each June and follow the tables. I agreed back in 2009 not to go through FRO. He gives me post dated cheque’s for the year and we adjust if needed for example when my daughter dropped out of her program.

              Comment


              • #8
                But you aren’t following the tables if he says he can’t pay it. If his income is a set amount then the table amount for one child is a set amount and that is what he owes. When your other child starts school in the fall his cs increases if she lives at home.

                He doesn’t get to choose his income or which table amount he pays.

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                • #9
                  His income is generally between 110-115k plus bonuses. He says he’ll only get 88k for 2020. He made 147k in 2019. 2018 was 114k
                  He wants to keep the payment for the 1 child at the table amount from his 2018 income. No idea what will happen when daughter goes back to school.

                  Comment


                  • #10
                    Did he pay cs on the amount from last year? The amount in 2019?

                    You could also go back each year for the last three and calculate how much he owed and how much he paid and then that could also bolster your argument for keeping it as line 150.

                    For instance if he owed you $1000 per month but only paid $800 he underpaid you and you could tell him that based on the underpayment for the last three years you want to keep it as is, going by his 2019 income and then his income for 2020 will be used next year.

                    He can’t pick and choose the lower incomes to use. If his income has been going up each year and he has been paying based on the lower previous year he can’t suddenly decide to modify now. Or if he does then he has to pay the arrears for 2019.

                    For example, my husband lost his job one year in November. He modified his support based on his lower income starting in Jan of the next year. He went back and calculated what he was supposed to have paid in the year he lost his job and wrote a cheque for the underpayment. When his income went up upon finding a new job, he immediately increased his support amounts based on that increase.

                    I have a feeling your ex will want to lower it now and then keep it low next year based on his 2020 income tax even if his income goes up next January.

                    Comment


                    • #11
                      CS is from July-June. His 2018 income of $114k was used to calculate for CS from July2019-June 2020. His 2019 income of $147k is what is supposed to be used now for July2020-June2021. He wants to keep the support payments at the 2018 rate based on The predicted income of 88k for 2020.
                      You’re right that if I took a reduction now come July 2021 he will only want to pay the table amount on 88k if that is what he actually makes. Especially if he’s paying CS for both kids by then. I doubt he will agree to pay back the money if the reduction if I agree.

                      Comment


                      • #12
                        So he is working one less day but earning $59,000 a year less, even though he drops to a lower tax rate and will have higher tax-home pay? Something is weird with what he is saying. Is his employer a large corporation that wouldn’t file a false letter or one that is smaller and a bit more flexible in their ethics?

                        If he is free one day a week, he can pick up a second job. He is a parent, he doesn’t get to coast. Have him pay on his 2019 line 15000 and worry about what crap he will pull in July 2021 when you get there

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                        • #13
                          I’m guessing he received a $30k + bonus last year giving him the $147k. If his usual before any bonus is between 110-115 the 1 day a week reduction according to his letter is 22k. This is also assuming he doesn’t earn a bonus.
                          He’s working from home now as well which would mean his travel expenses to and from his office are also eliminated. My son is no longer in tutoring due to covid another savings on his share. He’ll also be able to claim a home office on his taxes. He’s with the same company when we were together so I know they pay for his internet as well as cell phone among other perks.
                          As for the letter it’s an attachment to his email on company letterhead and looks like it’s real. He works for a large well known company.

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                          • #14
                            Then tell him no.

                            Unless he is willing to pay you his underpayment for 2019 based on his actual income you want it kept the way it is and his reduced income will be used in 2021.

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                            • #15
                              Well I had agreed to nothing and today he dropped off support cheque’s at the reduced amount. He gave them to my kid to give to me.
                              So I will need to discuss repayment of the rest of it. I can guarantee that he has no thoughts of having to pay the remainder even at a later date.

                              Thanks for talking it through with me

                              Comment

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