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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 07-10-2011, 09:52 PM
noblefather noblefather is offline
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Default Annual CS Adjustment

It has been two years since I've been seperated and since my seperation my ex has been steadily increasing her income.
for the past few months I've been politely asking my ex that consider adjusting CS. She says no.
I'm now at a stage where I can no longer accept the inaction. Hence I'm asking for the best approach. Heres my suggestion

1. First I need to request a copy of her tax assessment or copies of her latest pay stubs to calculate. She needs to provide this within 30 days per our agreement.
2. Assuming she complies I can then calculate CS based on our incomes and hope she accepts, however her current response is not now.
3. Assuming she ignores the request - can I estimate her income which she has verbaling informed me and the automatically adjust CS - or do I keep paying the current amount. I'm concerned that if I do this she will react and proceed to FRO. Our agreement is not lodged with the court and my understanding is that she would need to go to court anyways to make any payments court ordered.

Today I provide cheques every six months for CS & SS. I've been patient and cooperative but enough is enough. Per income has gone from $ 30K to $ 46 K so the adjustment and request is valid.

What is the best course of action without looking like I'm taking things
autocratically and that a judge would perceive as inappropriate.

We do have a dispute resolution clause so I can revert to that as well. Assuming she wants to engage if at all.


Sage advice requested.
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Old 07-10-2011, 10:31 PM
momof6 momof6 is offline
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Default cs

I am a little confused: do you have sole custody? How is the CS being split/paid now? What about section 7 expenses?
If she is not paying CS, her income is irrelevant. Please excuse me if I have no previous knowledge of your situation and others do.
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Old 07-10-2011, 10:53 PM
noblefather noblefather is offline
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Cusody is joint and shared.
CS is based on an offset amount based on our incomes.
Section 7 expenses are discussed, negotiated and shared depending on the respective parent. Per our agreement we are to pay based on pro-rated income - we've never called each other on it.
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Old 07-11-2011, 12:16 AM
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karmaseeker karmaseeker is offline
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If it is in the agreement to comply with a request for her tax assessment within 30 days then formally request it and wait.

Should she fail to live up to the agreement then initiate your dispute resolution clause.

Don't estimate.

Write all requests in a polite yet firm assertive tone. Keep it all business and above board. Quote the separation agreements specific wording to substantiate your request showing clearly why your request is valid. Send this letter via email and keep a back up of communications.
  #5  
Old 07-17-2011, 03:39 PM
first timer first timer is offline
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Default updated income for CS calculation purposes

You have every right to request updated income for CS calculation purposes. See info/links below for more information:

A)

Recalculation of child support

39.1 (1) The amount payable for the support of a child under an order may be recalculated in accordance with this Act and the regulations made under this Act, by the child support service established by the regulations, in order to reflect updated income information. 2009, c. 11, s. 33.

Effect of recalculation

(2) Subject to any review or appeal process established by the regulations made under this Act, if the child support service recalculates an amount payable for the support of a child under an order, the recalculated amount is, 31 days after the date on which the parties to the order are notified of the recalculation in accordance with the regulations, deemed to be the amount payable under the order. 2009, c. 11, s. 33.

See: 2009, c. 11, ss. 33, 53 (2).

Family Law Act, R.S.O. 1990, c. F.3


B)

Proof of Income

If you pay child support or if your income is required to calculate a child support amount, you must provide proof of your income to the other parent. Under the Child Support Guidelines, that must include copies of the following documents:
•Income Tax Returns for each of the past three years;
•Notices of Assessment and Reassessment for each of those years
•Your most recent statement of earnings or confirmation of income from your employer if you are an employee;
•If you are self-employed or control a corporation, the businesses’ financial statement and a statement showing all wages and other similar payments;If you receive employment insurance, social assistance, a pension, worker’s compensation or disability payment, documentation of that income; and,
•Information relating to the income of a trust where you are a beneficiary under a trust.

If you are involved in a family court case, you should review rule 13(6) and 13(7) of the Family Law Rules to make sure that you have provided the other party with the necessary disclosure of your income. You should also review the family court forms for each step in the proceeding to make sure that you have filed the necessary documents with the court. Updated Income InformationEffective March 1, 2010, once child support is in place, any person whose income was required to calculate child support must provide updated documentation of the other party's income each year within 30 days of the anniversary of the court order or separation agreement that sets out the support payment, unless the parties have agreed not to do so in writing. This is done by sending a copy of the most recent Income Tax Return and Notice of Assessment to the other party.

In addition, either party can always request income disclosure from the other once a year, as long as his or her income was required to calculate the amount of child support. Once a request for income disclosure is made, all of the documents listed in the section titled "Proof of Income" must be provided, including Income Tax Returns and Notices of Assessment for the past three years.

Child Support - Ministry of the Attorney General


What can I do if the other party does not give me the information?

If you do not receive the other party’s income information when it is due, you can remind him or her of these obligations and ask when it will be available. If he or she refuses to provide you with the necessary documents, you can bring a motion to the court asking for an order for income disclosure and for your costs for bringing the motion.

Last edited by first timer; 07-17-2011 at 03:43 PM.
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