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  • #16
    Why is he even going that far?

    Child support works out to $x. I paid the amount I owed and you can either pay me $x immediately or I will begin subtracting it from the monthly child support.

    Shes not going to agree and going to court over $800 is a waste of time.

    Adversely he can simply subtract whatever from next years reconciliation or from future expenses.

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    • #17
      if he owed the money (instead of over payment) would he pay it all in one shot? Just putting that out there.

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      • #18
        Dad was affected by Phoenix pay system for over a year were some months he was not paid at all. He always paid CS and has not missed once. Yes, I believe he would always better to get things paid then let them drag on is how we role.

        We are a blended family with 3 kids, both working full time both paying CS and with no extended family to support with kids but we make it work.

        He has been paying off-set with mom who has no intention of working full time. She had 6 years of off-set on part-time…employment.

        Hard to feel for her owing $800 or that CS has gone down due to his illness when in fact he has paid over 14k extra because she did not work full time. Yes…he should have had income inputted to her….that will be argued if this ends up in court.

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        • #19
          Are you in Ontario? Why not go through FRO?

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          • #20
            Originally posted by good_mom View Post
            Attached you will find our separation agreement with all the details of what we agreed upon. This separation agreement was completed with our own independent legal advice and is a valid and applicable agreement.
            That is not factual, that is an opinion. An irrelevant opinion to boot. Why is he making legal arguments to his ex? What does independent legal advice have to do with anything outside of a courtroom?

            That entire paragraph should be deleted. She has the agreement, it is a reasonable assumption that both parties will follow the agreement. Saying that it is a valid agreement is an opinion, and even worse almost implies the possibility that it might not be valid.

            For all section 7 items such as camps, activities and clothing items, do see the separation agreement for the details of what we agreed upon.
            Quote the actual separation agreement. Say what you want. Don't leave the interpretation up to the other person

            We agreed to update child support once a year which has been completed and paid.
            Why is this even necessary to say? You have paid child support. That matter is finished. Feel free to ignore it.

            There is a clause that they must mediate first at shared cost...
            I hate that clause. Would your partner mediate in good faith?

            A) Yes -> If you wish to attempt mediation, here are the name of three mediators. Please pick one and we will set a mutually acceptable date.


            B) No -> Our agreement requires mediation, but I feel it would be unproductive and expensive. I recommend that we go to court. However, if you wish to mediate first, then here is the name of three mediators... etc. etc.

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            • #21
              In my case

              Sorry to hear of the problems, it sounds somewhat amicable compared to what I just went through.


              In my case, EX went on LTD and didn't say anything about it, provided no details and brought a motion forward for retro-active child support.


              EX was successful in retro-active to Jan 1 even though they only requested a change and provided disclosure in late August. This was an increase of about 75% because their income was reduced. I'm now facing a very large lump-sum of arrears, plus they are seeking over $19K in costs because I didn't pay retro-active from the start. I believed that it was reasonable to adjust at the time of financial exchange or upon notice. Clearly I was wrong.


              A few take-aways for me are:
              • timing of disclosure doesn't seem to matter much, they both didn't disclose their information but you now have it and can calculate
              • CS can always be considered retro-actively
              • things are biased towards the support recipient
              In this case, I would suggest they "equalize" payment over a period of time if that makes it easier. Seems like mom & dad are agreeable to this point.


              To me, the big risk is that the support payer is now making less income and the ex can argue that this was intentional in order to keep higher CS. I've read a lot of case law where the support payer's income is not adjusted because of LTD, Going back to school, or other reasons because it is argued as a intentional underemployment. I'm not sure that the support recipient, who is working part-time will be held to the same standard.

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