It has been two years since I've been seperated and since my seperation my ex has been steadily increasing her income.
for the past few months I've been politely asking my ex that consider adjusting CS. She says no.
I'm now at a stage where I can no longer accept the inaction. Hence I'm asking for the best approach. Heres my suggestion
1. First I need to request a copy of her tax assessment or copies of her latest pay stubs to calculate. She needs to provide this within 30 days per our agreement.
2. Assuming she complies I can then calculate CS based on our incomes and hope she accepts, however her current response is not now.
3. Assuming she ignores the request - can I estimate her income which she has verbaling informed me and the automatically adjust CS - or do I keep paying the current amount. I'm concerned that if I do this she will react and proceed to FRO. Our agreement is not lodged with the court and my understanding is that she would need to go to court anyways to make any payments court ordered.
Today I provide cheques every six months for CS & SS. I've been patient and cooperative but enough is enough. Per income has gone from $ 30K to $ 46 K so the adjustment and request is valid.
What is the best course of action without looking like I'm taking things
autocratically and that a judge would perceive as inappropriate.
We do have a dispute resolution clause so I can revert to that as well. Assuming she wants to engage if at all.
Sage advice requested.
for the past few months I've been politely asking my ex that consider adjusting CS. She says no.
I'm now at a stage where I can no longer accept the inaction. Hence I'm asking for the best approach. Heres my suggestion
1. First I need to request a copy of her tax assessment or copies of her latest pay stubs to calculate. She needs to provide this within 30 days per our agreement.
2. Assuming she complies I can then calculate CS based on our incomes and hope she accepts, however her current response is not now.
3. Assuming she ignores the request - can I estimate her income which she has verbaling informed me and the automatically adjust CS - or do I keep paying the current amount. I'm concerned that if I do this she will react and proceed to FRO. Our agreement is not lodged with the court and my understanding is that she would need to go to court anyways to make any payments court ordered.
Today I provide cheques every six months for CS & SS. I've been patient and cooperative but enough is enough. Per income has gone from $ 30K to $ 46 K so the adjustment and request is valid.
What is the best course of action without looking like I'm taking things
autocratically and that a judge would perceive as inappropriate.
We do have a dispute resolution clause so I can revert to that as well. Assuming she wants to engage if at all.
Sage advice requested.
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