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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 07-04-2012, 08:48 PM
nick2009 nick2009 is offline
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Default Change court order on CS after losing my job

Right now I pay $387 as CS to FRO.

However I may lose my job anytime soon. So I call FRO to get some clue about how to deal with this situation. They told me they can not change the court order. The only thing I can do is that I have to change the court order. Then the issue is HOW I can do to start this process. Any one knows, then please teach me, or give some clue, or any information that may help me.

Thank you

A poor DAD
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Old 07-04-2012, 09:12 PM
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You can't do anything until/unless what you THINK might happen, actually happens.

Courts do not indulge in 'what ifs'.
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Old 07-05-2012, 09:09 AM
winterwolf7 winterwolf7 is offline
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When you lose your job, you would file a Motion to Change. You'll need to provide evidence you lost your job, and what your income will be for now, and your plans for finding another job.

With good evidence and reasonable prospects the judge may reduce your CS... but they also may not.
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Old 07-05-2012, 10:38 AM
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Thank you very much.
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Old 07-05-2012, 10:43 AM
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One more question about this future possible issue.

What if my income someday become high enough that I should pay more than the amount shown in the court order. Should I go the same process as above.
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Old 07-05-2012, 10:47 AM
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Yes it would be advisable to do so.

I'll also point out that it's a lot easier if changes can be done on Consent, which means that both parties agree to the change. Then you just need to make a written agreement covering the support signed and witnessed, go down to the court house and get it converted into a consent order. Much simpler and less expensive.

After that, either party can send the consent order to FRO.

Not surprisingly, most motions to change that reduce CS are not on consent, yet more motions to increase it are :P
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Old 07-05-2012, 12:14 PM
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Yep, works both ways. You tell your ex what happened, indicate the new income level and request she do a motion on consent to apply the change.

She'll refuse most likely. In which case you do a motion asking for reduction in CS go forward due to the reduced income, that the CS amounts you have overpaid in the interim be returned, and for costs.

I would also make sure that you order indicates a clause for YEARLY recalculation if it doesn't already. If it DOES, you add contempt of court to the above list, for her not following the order.
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Old 07-05-2012, 12:15 PM
goosie77 goosie77 is offline
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WW is correct. To reduce without consent, which is what I have had to do, you will need to file a Motion to Change, a Change Information Form, a Financial Statement, an Affidavit if you have additional facts you want heard, you file it all, then serve it on your ex or her lawyer, then go back the court and file an Affidavit of Service. You can find all the forms here Family Law Rules Forms — Ontario Court Services And you can do it all yourself if you are diligent and have the time.
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Old 07-05-2012, 12:31 PM
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Should note here as well...DO IT EVERY YEAR. Even if your CS obligation only changes by a couple of dollars.

Yes, it's a couple of bucks, whoop de do...BUT it establishes precedent for changing CS when the income changes.

That will help you in cases where you totally lose your job/experience a substantial reduction in pay.
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Old 07-05-2012, 07:29 PM
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Thank you guys very much
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