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  • #16
    With some people there is no reasonable conversation possible. Send him your thoughts in a polite email, requesting a response in 48 hours. You should not be waiting for a repayment, you can’t exactly ask you kid to skip a meal a day NOW, with the promise of giving them four meals a day next summer, lol. If your ex does not agree, move to the second step and file a motion. You are better off filing a motion now, because it will be quite a while before you are seen by a judge.

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    • #17
      Originally posted by ultraviolet3 View Post
      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

      Definitely send him an email outlining what he owes you for 2019 based on his decision to not follow the guidelines and your original agreement and include your offer to follow the agreement for 2019 applying to 2020 and reducing in 2021. You should also address the increased cs for september when your oldest is back in school.

      Give him a deadline for response and let him know you will be filing a motion to set child support amounts to be enforced by FRO going forward. If he doesnt respond, file your motion. It is pretty straight forward and doesnt require a lawyer right away.

      They are trying to get cases back up through court and you may get lucky. If anything a judge will not be pleased he tried to take advantage of it with a high income.

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      • #18
        Out of curiosity are you a lawyer or just extremely well versed in family law.

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        • #19
          Originally posted by ultraviolet3 View Post
          Out of curiosity are you a lawyer or just extremely well versed in family law.

          Im not a lawyer. I am well versed in this because my husband went through it. He lost his job and tried to update his cs. His lawyer advised he had to go back and calculate what he should have paid that year based on his ACTUAL income (they were doing the tax return update) and he wrote her a cheque for arrears. His ex rejected it and filed with FRO which screwed everything up entirely because she refused to sign an amending agreement. Three years later she filed a motion to change and through that process the judge advised cs is based on actual income and eligible kids. His oldest was not in school for one year and his income changed. She thought she could use 2013 income for 2014 as it was higher and then adjust again halfway through 2016 when his income went up again. Judge said no.

          People can’t pick and choose what income they want to use. If he wants to use actual income NOW he has to go back and use actual income for the last two years. Technically he used 2018 income for 2019 and 2020 income for 2020. 2019 income is not being used which isn’t legal. If he wants to use 2020 income for 2020 then he has to go back and reconcile the amounts for 2019.

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          • #20
            I would speak to a lawyer before bringing a motion.
            While cs should be more based on last year's income, covid is here and his income is what it is. At court, they'll usually go by current income. If he has provided proof of what his current income is, 88k, yet is continuing to pay based on 118k, he may look good to the court where costs are involved.

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            • #21
              We’ve always calculated support this way. In fact it was how it was done when we were going through the separation. The previous years income 2018 is filed in 2019 so that’s what we use for the following year. We were never told it was incorrect. Though I had agreed to a CS reduction for about 18 months in the beginning, so we weren’t following tables at all until after we were done with lawyers.
              We haven’t used lawyers at all. Each year we exchange our taxes as per our agreement and adjust for the following year.

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              • #22
                I do see your point there. Based on what you say because of covid would you think that he’d be exempt from paying the difference back later when his income returns to normal?

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                • #23
                  Originally posted by StillPaying View Post
                  I would speak to a lawyer before bringing a motion.
                  While cs should be more based on last year's income, covid is here and his income is what it is. At court, they'll usually go by current income. If he has provided proof of what his current income is, 88k, yet is continuing to pay based on 118k, he may look good to the court where costs are involved.

                  The problem is he is NOT paying based on $118 and he NEVER paid based on that.

                  He used 2018 for 2019 and is now using 2020 for 2020. He never used 2019 which is why he should go back and calculate what he should have been paying now that he knows his actual income.

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                  • #24
                    Originally posted by ultraviolet3 View Post
                    I do see your point there. Based on what you say because of covid would you think that he’d be exempt from paying the difference back later when his income returns to normal?

                    When his income returns to normal he would again have to update based on actual.

                    He can’t switch back and forth. His income should be updated either at tax time or with actual amounts, not a hybrid that uses the lesser amount at all times.

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                    • #25
                      Originally posted by rockscan View Post
                      The problem is he is NOT paying based on $118 and he NEVER paid based on that.
                      He is and was.

                      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.
                      When his income goes back up, so will his support.

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                      • #26
                        Ok so based on all the info.
                        I should email him to saying child support should be based on the 2019 income. But based on the info he provided From his employer his request for a reduction can stand However he will still be responsible for the difference at a later date.
                        In same email I will also need to remind him that our daughter will be returning to school in September.

                        He’s currently trying to reduce CS by About $260.

                        Comment


                        • #27
                          Originally posted by ultraviolet3 View Post
                          Ok so based on all the info.
                          I should email him to saying child support should be based on the 2019 income.
                          Yes ask for what it should be, 147k, but don't be surprised if it's lower.

                          But based on the info he provided From his employer his request for a reduction can stand However he will still be responsible for the difference at a later date.
                          If his income is 88k, I personally would gladly accept the 114k. If he agrees to repay, great, but speak to a lawyer first on what you're actually entitled to.


                          He’s currently trying to reduce CS by About $260.
                          It's ok to ask, but this doesn't seem worth it to fight in court. It'll be updated again in 10 months.

                          Comment


                          • #28
                            The issue here is that he’s using a predicted income. Whatever he files for taxes next year is what is used to calculate July 2021-June 2022. So he will expect to pay the table on that even though he will likely be back to his normal. Completely skipping the 2019. If he wants to pay less now when he’s supposedly making less then the alternate is that while he was making more he should have paid more.
                            Obviously come tax time next year the true amounts will be shown.
                            I understand covid is happening, I’m working through it too, but if covid were not happening he’d be giving me some other excuse. This is becoming a yearly experience. And while yes he doesn’t have to pay for our daughter as she’s not in school she’s not financially dependent. There’s no difference with her current status now and in September but I’m solely responsible for her. Trying not to sound like I’m whining. So while a $260 reduction now isn’t much as of September that amount is now much higher for 2 kids.

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                            • #29
                              Originally posted by ultraviolet3 View Post
                              Ok so based on all the info.
                              I should email him to saying child support should be based on the 2019 income. But based on the info he provided From his employer his request for a reduction can stand However he will still be responsible for the difference at a later date.
                              In same email I will also need to remind him that our daughter will be returning to school in September.

                              He’s currently trying to reduce CS by About $260.

                              You should email him and advise if he wants to follow his actual income he has provided then he will need to pay you the arrears owing from his actual income in 2019. Calculate that amount and show him (you underpaid $xxx).

                              Then you note that kid 1 is going back to school in September and cs will increase to $yyy so please provide the additional amounts in post dated cheques.

                              Remind him that now that he has unilaterally decided to change the agreement that he is obligated to advise immediately of any change to his income and update support immediately.

                              You need to do this so that when you do go to court, you can demonstrate that you did ask for the proper cs. The clock starts ticking on that date.

                              Comment


                              • #30
                                Everything was paid up properly until last month. So no arrears.

                                Now, he has provided proof that he makes 88k. You want him to pay based on 147k and he is willing to pay based on 114k. People reduce income/support for reasons much less than covid, so there's a good chance if this went to court he would only pay based on 88k.

                                In June 2021, you'll update support again based on his current income at that time.

                                Comment

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