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50/50 access and Child Support

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  • #16
    Dont let him intimidate you.

    Someone else can give you the details on when hes supposed to file etc but the best advice I can give is stay calm, keep your daughter in mind, and dont let him make you feel worthless. You can do this!

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    • #17
      Thank you!!! I won't let him intimidate me. He has lawyer and I don't want them bullying me into anything

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      • #18
        First appearance is coming up next Thursday. I haven't received a response until today. Not a response per-say. I received call that I would response correspondence today from the lawyer. I though it would have been an settlement offer however I didn't. What I received was full disclosure of financial assessments (NOA) and a Form 25 Order .. which doesn't indicate anything about the the following:
        1- Extraordinary expenses I asked for or
        2 - the retroactive Payments going back a few years.

        This is what it states in the Order (to be varied)
        1) Change of Access from every other weekend visit with her father to our daughter spending alternating weeks with each parent from Friday after school to the following Week Friday After School. Commencing January 1st , 2016 at 800pm.
        2) Child Support indicating the set-off amount based upon my ex's income and my income. Based upon 50:50 access
        3) Each Party will bear their own legal costs of the motion to change
        4) Unless the support Order and support Deduction order is withdrawn from the office of the director of the Family Responsibility Office, it shall be enforced by the Director, and amounts owing under the Support Order shall be paid to the Director, who shall pay them to the part to whom they are owed.
        5) If parties agree to opt out of the Family Responsibility Offie at any time, they are both required to file with the Office of the Director of the Family Responsibility Office Office a separate request consenting to the withdrawal of the Support Deduction Order.
        6) Order bears post-judgement interested at rate of 2% per annum.
        7) For as long as child support is to be paid, the Payor and Recipient must provide updated income disclosure to the other party.

        This clearly is not a settlement offer but amendment to order providing each of us sign and consent to it.

        In addition to above, the form is completed only with my ex's information and Lawyer's information is not in included.. and his lawyer is NOT available next thursday and wont be able until Feb 10th. Not having his lawyer's name on the form leads me to believe that his lawyer will not be representing him however he paid him to complete the forms and draft the amendment.

        Any thoughts on this?

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        • #19
          Regarding financial disclosure - a NOA is not full financial disclosure - A NOA merely indicates what the government has calculated your ex pays in taxes which may or may not be relevant (#7 - I'd stipulate exchanging copies of each other's full income tax returns). If your ex is self-employed you could specify even more in the way of full financial disclosure.

          The rest is standard with the exception of the 2% interest.

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          • #20
            First thought, take his income for the last three years and calculate what he should have been paying vs what he did pay.

            Next calculate the s7 expenses of what he owes.

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            • #21
              Originally posted by rockscan View Post
              First thought, take his income for the last three years and calculate what he should have been paying vs what he did pay.

              Next calculate the s7 expenses of what he owes.
              I believe a person could even request that he complete FRO's statement of arrears to calculate what is owing. It would have to be completed and submitted to FRO anyhow would it not or is that just for child support?

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              • #22
                It would but Im suggesting she calculate what he owes her for the last three years as a starting point for "negotiating". Im not sure of what his plan is. Soundslike he doesnt want to pay a lawyer because he knows hes wrong and will bear costs. If she can get him to agree to pay what he owes her and set up a proper change then she could avoid going to court. I have a feeling she has an upper hand in this and her ex is scrambling.

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                • #23
                  I haven't put all figures together, however I have taken a look at overall income for each year and definitely higher for all 3 years compared to when order was originally place in 2010. I am confident that he hasn't paid his full support amount based on his income.

                  As for NOAs not being full disclosure..thank you for that. I will follow up on that ..

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                  • #24
                    My ex used to file and then amend/refile his taxes later in the year (sneaky). I'd recommend drawing your 'line in the sand' on this one. Take a look at some cases on CanLii for the wording that makes sense to you and your situation.

                    Whether he does or does not have a lawyer shouldn't prevent him from attending court. However, judges do tend to cut people a lot of slack in the setting of dates so adjourning to February isn't a bad thing as long as you feel you are moving forward to settle things. I'd make sure you schedule the February date before you do anything so he knows you are serious.

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                    • #25
                      50/50 access and Child Support

                      Originally posted by momwithteendaughter View Post
                      I haven't put all figures together, however I have taken a look at overall income for each year and definitely higher for all 3 years compared to when order was originally place in 2010. I am confident that he hasn't paid his full support amount based on his income.



                      As for NOAs not being full disclosure..thank you for that. I will follow up on that ..

                      Your starting point will be to calculate the cs. Then the s7.
                      Last edited by rockscan; 01-29-2016, 08:47 PM.

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                      • #26
                        I know he will show up to court with or without a lawyer. Im hoping that we are able to resolve with help of a mediator. I believe they will have mediators available to use at the court house.

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                        • #27
                          Thank you you Rockscan. I'll review all of that over the weekend. Perhaps I can also take advantage of this opportunity to stipulate the details of S7.. especially surrounding Post Secondary Education.

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                          • #28
                            Originally posted by momwithteendaughter View Post
                            I know he will show up to court with or without a lawyer. Im hoping that we are able to resolve with help of a mediator. I believe they will have mediators available to use at the court house.
                            Great decision. Sounds like you are very well prepared.

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                            • #29
                              Thank you Arabian
                              Not sure if this makes sense... I am still going to ask for the retroactive child child support. I want the child support to go towards my daughter and post secondary school. However under my name, not my daughters not his. Does that make sense or have you heard of that being done?

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                              • #30
                                I defer to others on the child support issue as I have no personal experience and only can comment on what I have read on CanLii.

                                Comment

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