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  • #16
    Originally posted by kate331 View Post
    Definitely file with FRO, that's what they are there for. Let them figure it out.


    Bit does FRO do annual adjustments or only enforce what’s in the order?

    You should pay something for June... estimate her income and pay that amount... if it should be more she will provide disclosure... but not paying is not a good move but I certainly wouldn’t be paying the old amount if your income went down because you will never get it back.


    Sent from my iPhone using Tapatalk

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    • #17
      So if I estimate that she received a 3% increase over last year, and use my 2017 income as I have disclosed, then monthly off-set support would be $575 (down from $1,140). That's why she's pissed.

      Even if I pay that, according to FRO, I am not paying the correct amount.

      Leads me to my next question. Would it not be a simple 14B form to ask the court to compel her to produce the T4 and Notice of Assessment?

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      • #18
        Originally posted by anonymous View Post
        So if I estimate that she received a 3% increase over last year, and use my 2017 income as I have disclosed, then monthly off-set support would be $575 (down from $1,140). That's why she's pissed.



        Even if I pay that, according to FRO, I am not paying the correct amount.



        Leads me to my next question. Would it not be a simple 14B form to ask the court to compel her to produce the T4 and Notice of Assessment?


        So this begs the question why your income was so much less... that’s a huge drop in income... my husbands income fluctuates since he is commission based but only by a few thousand which doesn’t create that drastic of a difference.

        I was actually thinking of this the other day... for people who work trades or for OPG... some years there is mega overtime and other years there is no overtime and possibly a few weeks lay off... how do jobs like that factor in?


        Sent from my iPhone using Tapatalk

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        • #19
          I received an $80k bonus in the previous year. My base salary only changed by the typical 3%. I already told her in April 2017 in a letter to her lawyer that is was not going to be repeated.

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          • #20
            Originally posted by kate331 View Post
            Definitely file with FRO, that's what they are there for. Let them figure it out.
            @Kate - Will FRO compel her to produce her financials and adjust based on the new information? Or do I have to go through my lawyer to get it adjusted?

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            • #21
              I believe it depends on the wording off your court order. It has to be very clear for FRO to enforce. But once that is done, its pretty hassle free.

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              • #22
                Child support over payment

                No FRO will not do anything.

                Reducing your cs in absence of a new order will not solve the problem either.

                If she is refusing to produce financials you need to file a motion to change child support. Included in that filing will be a request for updated financials.

                Stop stalling and file the paper work. You can also send her an email stating that as she has failed to supply updated financials you will be requesting that the overpayment be considered insurance against future cs owing including interest.

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                • #23
                  Thanks rockscan! My only reason for “stalling” is that we have a very lengthy dispute resolution clause that requires us to mediate first.

                  I have already sent an email saying she is violation of our agreement (to exchange yearly financials) and I now have her written response acknowledging she won’t provide them until I pay for soccer (which in our case is NOT a section 7 expense).

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                  • #24
                    Most agreements have a mediation clause which is worthless as my partners lawyer said.

                    Exchanging financials doesn’t fall under mediation as she is obligated to share financials every year. File for disclosure and go from there. She can argue soccer is a s7 and get shot down.

                    Make sure you advise you will also request costs and to have an income imputed to her if that will light a fire under her.

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                    • #25
                      Can you be specific as to which form I use to file? I have been very lucky never having to go to court or file anything. We hashed everything out with mediation and lawyers.

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                      • #26
                        I think FRO will follow the court order. In your case, that evidently has you paying a lot more, so you are going to have to get it changed.


                        Not paying June was a mistake, given your massive income drop. You want clean hands here, since you are likely at great risk of having income imputed to you. Take your current income, add 5% to hers, and then pay that amount.


                        Dear ex,

                        My income for child support purposes is X
                        Assuming you got a 5% raise, your income for child support purposes is Y
                        According to our agreement, we are paying offset support, so I owe you X-Y per month, when can we meet so I can give you the cheques (or... I have transferred the amount to your account, whatever you do)

                        You still have an obligation to provide me financial disclosure on a yearly basis, and if there is an overpayment of CS I intend to retrieve those funds with interest, and I intend to recover costs from you for the motion required to compel your disclosure.

                        5% is too high, but is not ridiculously high. It encourages her to provide disclosure, while not making you look like a complete ass.

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                        • #27
                          Thanks Janus,

                          Last night I did exactly what you explained in your post (I just didn't write the email). I assumed a 5% increase on her income and deposited the new estimate into her account. The payment was actually only 3 days late as our arrangement is the 15th of the month (not the 1st).

                          I still would like to know which form to use as I have never "filed a motion".

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                          • #28
                            Why the rush? Let her file with FRO first, so that she can be the one to instigate the conflict. Then you try to change things on consent, then you go to court. Your reason for going to court is "she reported me to FRO, which is ridiculous because my income went down and she won't even tell me her income!". No need to go to court right away, let her be unreasonable first.


                            Alternatively, she doesn't file with FRO, you pay the new amount, and you're happy.


                            I don't see how rushing to court helps you here at all.

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                            • #29
                              I guess I am used to seeing you and Rockscan agree more! LOL
                              Rockscan tells me to stop stalling, you say what's the rush.

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                              • #30
                                Well my comments are if you are concerned about the amount and she files with FRO.

                                Once your file is with FRO you cant change it without an order either agreed or by judgement.

                                You could try the advice about adding the 5% and see where it goes but eventually you are going to have to force her to disclose.

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