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  • Need Help!

    I am hoping someone can help me with what forms to file for my situation,

    I have recently found out that my ex income has increased substantially and he is not agreeable to sign anything on consent to change child support order. His income increase in 2012 and he has just now provided me with his Notice of Assessments.

    I understand that I need to file a motion to change for the new support order but my main question is how do I attempt to get retro child support for the previous year. Do I put this on the motion to change order also?? Or do I attempt to collect this with a different process.

    I would really appreciate some help with this.

  • #2
    Had you formally requested disclosure annually? If so you may be able to pursue arrears for CS. If you didn't make any attempts to have the information disclosed annually and only requested disclosure once you found out he was making more money all of a sudden you are probably out of luck for arrears since arrears are usually only ordered from the time you originally requested.

    If you requested disclosure and he refused but you took no action to obtain disclosure, then you are likely out of luck there too.

    Disclosure should occur annually and if it is not offered you should request it and take steps to get it done. Legally, you can request it.once per year, and have CS adjusted at that time. If you failed to do so you don't have a claim for arrears.

    If you requested it and pursued it via the courts and have a court order for disclosure, you can ask for arrears.

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    • #3
      I did not ask to disclose last year but did this year.

      It is stated in our court order that he is to disclose this by June 1st of every year.

      Even though he did not comply with the order I am out of luck.

      Doesn't seem right?

      To change child support for this year am I correct in filing a motion to change?

      thanks for your help

      Comment


      • #4
        Go online to the Attorney General website and down load the Self Help guide

        Motion to change a final family court order or support agreement. Very usedul document.

        Website. Is. Www.attorneygeneral.jus.gov.on.ca You need Family Justice

        Good luck

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        • #5
          I wonder if the need to get a new Court Order is because of FRO

          The EX did send assessment's when requested

          The EX doesn't look to me as wanting a fight.

          It always looks good if you TRY to get his consent to change before going to Court (documents to show effort)

          IF you can get his consent ...Make it the NEW way of doing things every June.....exchange taxes ..call FRO make the C.S adjustment UP or DOWN.

          Are there any Special Expenses involved? As kids grow there activities change and require monies

          I'm sure your EX will be more agreeable to consenting when he's educated on how much it REALLY costs to raise kid(s)

          But it's give and take in negotiations ....maybe he did have one good year...and hesitant to base C,S on it.....split the yearly income "increase" for 2013 and then go to the full amount in his 2014 assessment(next June)

          Anyways just a thought.

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          • #6
            thanks everyone I appreciate the feedback.

            Can anyone tell me if I use Order to Change motion when going for retro child support. Or do I file something different for this.

            Thanks

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