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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 03-02-2019, 06:02 AM
Mom 2 Two Mom 2 Two is offline
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Default Calculating Section 7

My agreement says we pay in proportion to our incomes. When ex was paying. He only ever paid half. I didnít normally dispute that as I was just happy he paid something.

Now we are bringing a motion finally to enforce the agreement and try to collect the arrears.

Should I go back and recalculate what ex should have paid vs what he paid?

Do I do this simply to show the judge ?

He actually did this in his CC brief a year ago regarding child support. For 3 years it said he over paid a total of $218. Lol. Also he never once gave me his t4 or taxes so it could be recalculated.

We have our SC end of March. Lawyer will bring motion for the following week and hope judge will hear it at SC...

So I need to gather things for two different court appearances for paperwork

Thoughts?

Still canít open Ottawa_dads spreadsheet. Can anyone else?



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  #2  
Old 03-02-2019, 08:18 AM
tilt tilt is online now
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Yes do a spreadsheet showing what should have been paid vs what was paid. And show what is then owing due to the discrepancy. Iíve done it with. A few calculations since I had to estimate the Respondentís income (ie this is the proportion of sec 7 and amount owing if they earned $75,000, this is the amount is they earned $85,000). That way when the actual amount of income is detiremented you have the calculations ready to go.

Judges want it to be as simple as possible, something they can look at and agree with, preferably one page (or, if it needs to be more than one page, have a one page summary with the supporting documentation following it). Really, you want to convince the Respondent that your figures are accurate, they can dispute how they shouldnít have to pay because their poodle-hair grooming hobby eats up too much of their money to pay section 7, but let that be their argument rather than arguing over the amounts themselves. If you can walk into court with as much agreed as possible beforehand it just goes smoother. Maybe a form 20 agree to admit would get you to an agreed statement of facts?
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Old 03-02-2019, 08:27 AM
Mom 2 Two Mom 2 Two is offline
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Wow thanks. Ex doesnít agree to anything. Lol.

I can show where he only paid 50% because I wasnít told income.

At least the short fall could cover what he says I owe him back in child support. Except he never ever asked me to re calculate it. Isnít the onus on him?

Now after 6 years all of a sudden his income went down 3k with no reasonable examination

Our agreement states that if either of or know if an increase or decrease we are to divulge this when itís knows.

Also it says CS recalculation to happen in June and take effect the following month. Except now I have been given 2018 t4 and they are demanding he reduce support back to Jan 1.

The agreement doesnít say retroactive.
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Old 03-02-2019, 09:14 AM
tilt tilt is online now
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The onus is on you to be accurate and up to date on your income and amount of CS owed. The Family Law Act trumps any agreement, so if there is a discrepancy between the two parts of the agreement will be set aside, retroactivity is generally three years prior to the original ask however. Your agreement however states the change in CS is to take place the month after the change actually happens, not the month after it is revealed
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Old 03-02-2019, 03:05 PM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by tilt View Post
The onus is on you to be accurate and up to date on your income and amount of CS owed. The Family Law Act trumps any agreement, so if there is a discrepancy between the two parts of the agreement will be set aside, retroactivity is generally three years prior to the original ask however. Your agreement however states the change in CS is to take place the month after the change actually happens, not the month after it is revealed


So the onus is on my ex?? He is the payor..
so how do we know when the change actually happens??? If itís not reported to well after the fact. Sorry Iím confused. Doesnít take much.




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  #6  
Old 03-02-2019, 04:06 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Mom 2 Two View Post
So the onus is on my ex?? He is the payor..
so how do we know when the change actually happens??? If itís not reported to well after the fact. Sorry Iím confused. Doesnít take much.




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so the back child support is money that he actually overpaid that he wants back? When you said back CS that you owe people may think that you are the payor and you didnt update your income.
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Old 03-02-2019, 04:44 PM
tilt tilt is online now
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Yes, I thought you also paid him CS based on that comment. Your agreement was to share NOA every June, but retro would go to when the change actually happened. Ask to see his pay stubs to detiremine when the change happened, and ask for an explanation of why is went down (incomes usually go up...). If you donít have his NOAs for all the years ask for those too.

If ex doesnít agree to anything it works in your favour. Show how they rejected Agreed Statement of Facts to show they are unreasonable. Show multiple requests for updated income info and proactive disclosure by you.
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Old 03-02-2019, 05:43 PM
Mom 2 Two Mom 2 Two is offline
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Aww ok. Sorry for confusing the facts. I meant that when motion started. His lawyer went and did a chart to show each year what he should have paid for what his income was. But he never told me in those years. So I never knew it changed. It was only $218 total for the last three years he claims that he overpaid. Now just this past week. His Lawyer sent 2018 t4. And all of a sudden after 6 years his income went down. ( convenient) So yes. I told the lawyer he needs to show why? (Based on Rockscan suggestions) And based on the part of our agreement I attached... I read it as he should have told me right away when he knew his income was changing (dropping). I think he just purposely took extra time off unpaid. They are demanding I agree to a basket motion to the lessor support amount from his 2018 t4.

I was going to go back the last 4 years and calculate what he should have been paying. For sec 7. Now I have his proper income... when he was paying. He paid 50%. But should have been more. Some years 60-62%.


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Old 03-02-2019, 05:45 PM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by standing on the sidelines View Post
so the back child support is money that he actually overpaid that he wants back? When you said back CS that you owe people may think that you are the payor and you didnt update your income.


Yes. Sorry. He says for 2014, 16,17 he overpaid by 218$ total. Lol That just shows how stable his income was for each year. Always within couple $100. Now this year. 2018 t4 is less $3000. Itís about 3 weeks time off. And Iím pretty sure I can say the weeks he was off. This years 2019 income should go back to the same as usual. And yes itís quite questionable why his income never goes up. He is an hourly mechanic. Clearly a crappy one. :-/


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  #10  
Old 03-02-2019, 06:00 PM
tilt tilt is online now
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It sounds like you have a good handle on your case. Lower your expectation that he will be honourable or honest though, if he was a great guy you would still be married to him, lol.
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