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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 05-19-2019, 10:24 AM
backinthesaddle backinthesaddle is offline
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Default Child Support Amending Agreements

Everyone here seems to have a wealth of information so thought I would start here...
Child support Amending Agreements
I am assisting a friend with her support issues. She has a court order from 2011 stating her ex owes her 1200 a month plus 200 more a month for section 7 expenses. In the court order it was written that each exchange NOA by June 1 and complete a Child Support Amending Agreement. It seems the judge is implying that everyone will abide by this and do as he has instructed. This hasnít been the case. Her ex has refused. She had to previously take him to court with their initial divorce and custody issues because he just ignored all the orders including disclosing financial documents. Since 2011 and the original court order his annual income has gone up 60k and their childrenís expenses have doubled as they are in competitive sports and have done so since they were little and he was in agreement with this in 2011. Mom just doesnít want to take them out so has been paying more than her share or what she can afford but makes it work. She canít afford a lawyer at this point. Mom has full custody but kids see their dad often as they live close by but they reside with mom. If one has a court order stating that the child support and section 7 expenses will be re-evaluated each year and amendments made but one parent refuses to comply how is this rectified? Mom said FRO wonít intervene. What makes this even more laughable is the mom and dad work in same building. They pass by each other, she knows what he makes because of this. He has been given many promotions and makes a lot more than her because she has the kids and has sacrificed. He has a new wife and child now that are his priority. He also has investment properties that he gets income from. Are these calculated any differently when it comes to annual income? Is there a way for her kids to benefit without having to pay a lawyer thousands to get child support owed when it is already written in a court order what the rules are?
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Old 05-19-2019, 10:43 AM
rockscan rockscan is offline
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She needs to file a motion to change. This will be to update the original order. Its simple to do and she can self represent since it is so straight forward. In her motion to change she will outline all the times she asked to update and his refusals.

He is not helping himself out here. There is a huge supreme court case (called DBS) outlining blameworthy behaviour for a paying parent tvat knows their income has gone up but has refused to update.

Definitely get it started and ask for retro support arrears.
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Old 05-19-2019, 10:53 AM
backinthesaddle backinthesaddle is offline
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Default How to start

What are the first steps to file a motion? Where does one go? Courthouse?
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Old 05-19-2019, 11:08 AM
rockscan rockscan is offline
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The forms are available online. She is in Ontario? Google ďontario family court formsĒ.

I believe it is a 15A form (I could be wrong, look for contested in the title). She will fill that out with all the info she has. There is a part about reasons for the change. She will list out that they reached an agreement 2011 and it was paid etc. She may only be able to go back retro active three years but if she has been asking for disclosure she should point out she requested disclosure as far back at 2012. Put in there all the times she asked and he refused.

She could also visit the FLIC office in the courthouse for info.
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Old 05-19-2019, 06:08 PM
tilt tilt is offline
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It seems the judge is implying that everyone will abide by this and do as he has instructed.

Yes that it exactly what an Order is. The Judge assumes both parties are Adults that can look out for their own interests. If one party does not comply with the Order the Judge expects that person to first try to solve the problem outside of court (such as emailing requests for the NOA) and if the Order is STILL ignored, then the agreived party should bring a motion to Court in a timely manner. She did herself no favours in waiting so long - the fact she WAS able to cope for so long can and will be used as proof that she didnít actually really need the money. So be prepared to rebut that argument with lots of proof of how she has been pursuing this matter, but most likely anything over three years wonít be looked at. FRO only services existing Orders, they are not the forum to look to change the Order itself.

Self-repping is quite easy, it seems overwhelming, but if she is employed in an office she can research and follow directions (the Forms generally guide you what to say). For a few hundred dollars she can bring her completed application to a Lawyer to review before submitting and get some procedural advice (FLIC is free but also hard to get time to see someone).
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Old 05-20-2019, 05:06 AM
Nadia Nadia is offline
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I just went through this and was able to get an increase in child support retroactively back to 2015.

1.Filed Motion to Change
2. Respondent had 30 days in which to respond. He served and filed his response day 29. His response indicated his income had increased significantly over the years. Admitted he had been earning more. Estimated what his current income was, which was significantly more than what income was in 2014.
3. Filed a case conference brief. We had a dispute resolution case conference - nothing settled - asked for an adjustment to ongoing support on interim basis, but not agreeable. Trial management conference (TMC) scheduled.
4. Filed a motion for child support be amended on interim basis. Opposing party requested adjournment via his agent. Adjourned granted in condition that child support moving forward is adjusted to what opposing party currently claims they are earning.
5. Filed motion for retroactive child support adjustment based on figures provided by opposing party. But also requested additional financial information.
6. Motion heard and retroactive child support amended based on information provided on an interim basis. Order for full disclosure by certain date.

What was helpful:
1. Email correspondence requesting NOA and financial disclosure each year going back to 2015.
2. Request for Financial Information served and filed
3. Offer to settle served and filed

Current situation: still waiting for financial disclosure on additional income and tax returns. TMC set for next month.

Last edited by Nadia; 05-20-2019 at 05:32 AM.
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