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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 02-28-2019, 02:36 PM
Mom 2 Two Mom 2 Two is online now
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Default Withdrawing from FRO and reduction in income

Ok... the game is on.... after 6 years of making the same income all of a sudden my ex makes $3000 less for the last year. Same place of employment. Now he is asking for a reduction of child support and demanding I withdraw from FRO!! Our agreement states t4’s are to be exchanged in June. And child support adjustment is done then..

He is threatening a motion if I don’t agree to a basket motion to reduce support and withdraw from FRO.

Is our agreement still not in effect?? How can he just decide to not pay what he owes according to agreement terms??


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  #2  
Old 02-28-2019, 02:51 PM
rockscan rockscan is offline
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Has he provided documentation?

You have a motion before the courts. He can bring this forward with his updated financial statement at the next conference.

I would either ignore him or respond that as this matter is currently scheduled for an appearance at the end of march it can be addressed then when you receive proof of this change and the reasoning behind it.

Hes still in arrears yes?
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Old 02-28-2019, 02:58 PM
Mom 2 Two Mom 2 Two is online now
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So this was his lawyers response to the lengthy hockey letter.

His lawyer says they will bring a motion to get child support reduced.

Except our agreement says it’s to be adjusted in June of each year.

Also yes he has $1000’s in arrears. Life insurance. Medical expenses. Health benefits. Camp fees for summer daycare will be next.

We have SC end of March. Ocl disclosure for mid April I’ve been told no definite date yet.


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Old 02-28-2019, 03:08 PM
iona6656 iona6656 is online now
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Quote:
Originally Posted by Mom 2 Two View Post
So this was his lawyers response to the lengthy hockey letter.
unless it's on Motion forms- and you guys have been served with the court documents- it's just a threat.
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Old 02-28-2019, 03:15 PM
otttawa_dad otttawa_dad is offline
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IMHO you should weight the cost of Legal Fee's Vs Returns (CS).


3000$ a year less, what does that equate to in term of child support montly? How much are you going to spend to enforce the potential for possible income?


Furthermore, 1000$ in arrears is small dice... some people are 10's of thousands in arrears.


With respects to the S.7 expenses, this is where I would really focus my energy and money.


my 2 cents


Quote:
Originally Posted by Mom 2 Two View Post
So this was his lawyers response to the lengthy hockey letter.

His lawyer says they will bring a motion to get child support reduced.

Except our agreement says it’s to be adjusted in June of each year.

Also yes he has $1000’s in arrears. Life insurance. Medical expenses. Health benefits. Camp fees for summer daycare will be next.

We have SC end of March. Ocl disclosure for mid April I’ve been told no definite date yet.


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Old 02-28-2019, 03:30 PM
Mom 2 Two Mom 2 Two is online now
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I don’t care about $50 less a month in child support. Not a huge deal. But it is fishy and can be brought up at the same time the sect 7’s issue is. But it is when you consider I have been carrying all Sect 7’s for the last year on my own. As He stopped paying.

I will not withdraw from FRO. He never paid on time. I had to beg him for my support in front of the kids. He would make me watch while he loaded the kids into the car and make me ask for the check. And that was if he remembers it. It was torture for the kids.

The issue really is.... how does an access parent pay all these things on their own for 4 years... paying all bills on his own living by himself. On the same income. Then moves into a more expensive home with a partner and three kids. And then claims he can’t afford to pay what he has always paid in the past on one household income ???


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Old 02-28-2019, 04:01 PM
rockscan rockscan is offline
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The whole thing demonstrates the snake oil salesman aspect of his lawyer. He would have known his income went down at some point last year. Hes just using this now to force you to agree to something he wants. If he wants to update when his income changes then he needs to advise when it changes. As in “my hours have been reduced due to changes at work which means my income is xyz going forward”. If it was simply a short period of time and has since gone up is he going to update it? No. You have a review date which can be addressed at your conference date.

An alternative is you could request a copy of his three most current pay cheques to determine his current income for support purposes and calculate his overpayment for 2018 and APPLY that overpayment to what he owes. If he disagrees then you stick to the current agreement.

Or you can do what my partners ex did and simply ignore.

This is a bullying tactic.
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Old 02-28-2019, 04:08 PM
Mom 2 Two Mom 2 Two is online now
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Good suggestions Rockscan. I will tell lawyer to request these when I speak with him.

So think they are bluffing about the motion?? His lawyer is slime for sure.


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Old 02-28-2019, 04:12 PM
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Quote:
Originally Posted by iona6656 View Post
unless it's on Motion forms- and you guys have been served with the court documents- it's just a threat.


Ok so for right now it’s a threat. But would a lawyer actually bring a motion for this? There is an agreement that states CS to review in June and adjust accordingly. This is in my opinion a tactic. Pay lower support now and next year when court is done. Back to the usual work hours and I am forced to go to court again to raise it.


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Old 02-28-2019, 04:18 PM
rockscan rockscan is offline
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Default Withdrawing from FRO and reduction in income

Everyone threatens a motion. Its the classic “if you dont do what I want you will be sorry”.

He can’t pick and choose when he updates child support. Thats not how it works. If he has a significant change to his income (ie he loses his job or gets a new job at a significant pay increase) then you update but overall you go by annual updates after tax time.

In your case, your ex has used whatever tactic possible to avoid paying and is now claiming his income and expenses are precluding him from supporting his kids. That doesnt fly either. He is not responsible for someone else’s children. Its great he has a new spouse, still doesnt preclude his support of his own kids. There are even cases of dads who had second and third families being told sorry but their first kids get priority.

As far as his 2018 income is concerned, if he isnt going to update in accordance with your agreement then the request to reconcile with application to arrears is a good play. Hes also in a field where he can be earning more money so why did his income go down? I would be pressing that one with him too especially when hes playing the “Im poor” card.

Not worth an emergency call to your lawyer. I would expect that you will have an appointment coming up for your sc next month. Definitely discuss it there. I would also discuss with him how to put some pressure on this “i cant afford two families” bullshit hes playing.

Even when my man was unemployed and had thousands in university expenses, I STILL carried a financial weight in our home because he had an obligation to his kids.
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