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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 07-28-2020, 10:06 PM
seeker101 seeker101 is offline
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Default Child support - adjusting for overpayment

This is a technical/procedural question.
My matter is before the Ontario Court of Justice. There is a final CS order made last year, which is currently being enforced thru FRO. Ex and I agree that I overpaid CS last year and I am entitled to a credit. We further agreed to reduce the table amounts going forward as my current income has dropped.

Since I didn't know how to indicate overpayment on Form 15D (the usual Motion to Change form to update CS on consent), I spoke to a legal aid lawyer and they said to instead file a 14B consent motion along with a 14A affidavit with attached Minutes of Settlement.

I received Judge's endorsement today where he ruled CS cannot be changed without 15D and he "held" the 14B motion.

Confusion for me is that Form 15D is a straightforward form where you can only indicate what the support should be going forward and if there are any arrears owing. It doesn't have a section to indicate overpayment/credit.

Has anyone had experience adjusting for CS overpayments on consent? What forms did you use? How do we update FRO on the overpayments?





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Old 07-28-2020, 10:13 PM
seeker101 seeker101 is offline
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Oh and also I've been paying support on my current/reduced income in 2020 while FRO is enforcing the Order which was based on previously high income. So from FRO's perspective, I have not been paying full support and arrears are continuing to accumulate.

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Old 07-28-2020, 10:19 PM
rockscan rockscan is offline
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Can you take the amount you overpaid, subtract that from the amounts going forward and change the months the amounts start?

Like:

Option A cs is $250 monthly, you overpaid $500, therefore $250 monthly does not start until october.

Option B cs is $250 monthly, you overpaid $500, therefore cs is $200 per month from August to may 2021 and $250 beginning June 2021.

Not sure how 15 looks but maybe either of those would work? And you word it as:

1. The parties agree the respondent overpaid cs for 2019 in the amount of $500.

2. The parties agree to adjust cs to x amount for the months of xyz as the respondent has overpaid cs.

3. Beginning in month x cs will be abc.

4. Beginning in month y cs will be def
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Old 07-29-2020, 10:00 PM
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Quote:
Originally Posted by rockscan View Post
Can you take the amount you overpaid, subtract that from the amounts going forward and change the months the amounts start?

Like:

Option A cs is $250 monthly, you overpaid $500, therefore $250 monthly does not start until october.

Option B cs is $250 monthly, you overpaid $500, therefore cs is $200 per month from August to may 2021 and $250 beginning June 2021.

Not sure how 15 looks but maybe either of those would work? And you word it as:

1. The parties agree the respondent overpaid cs for 2019 in the amount of $500.

2. The parties agree to adjust cs to x amount for the months of xyz as the respondent has overpaid cs.

3. Beginning in month x cs will be abc.

4. Beginning in month y cs will be def
This is what we put in our minutes of settlement and draft order.

However, the judge noted that a final order cannot be changed using a 14b motion form and I need to file with a 15D.

What I plan to do now is file a 15D which will show commencing in xyz month, CS is ### (full table amount).

But I will also file a 14A affidavit, in support of my 15D, explaining the overpayment and why there is lower payments for the next few months (until overpayment is satisfied).

Hopefully that should be an acceptable way to satisfy the Court.



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  #5  
Old 08-12-2020, 04:27 PM
seeker101 seeker101 is offline
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As per the court's endorsement, I prepared a 15D MoC form and a new affidavit explaining overpayment and sent the form to the ex for her review/signature. Btw, ex has recently let go of her lawyer and now self reps.

So, Form 15D requires a witness to provide their telephone and address in addition to signature.

The issue is that ex is now claiming she doesn't have any friends/relatives who are willing to provide their phone/address as witnesses.

As a party, I cannot be a witness to her signature, so I offered to provide her with a witness and she ridiculed me for it. I asked her to go to her former lawyer, or any other lawyer, to act as witness and she refuses.

We, otherwise, agree on support amounts/schedule. She is clearly making this process frustrating.

After trying everything, I said if she doesn't sign the form 15D properly in front of a witness, then I will just serve/file a form 15 (a contested motion to change form). Then she will be responsible for her own answers, service/filing, costs.

My question is if we leave the telephone and address section of the witness blank, will the court accept the document?

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Old 08-12-2020, 04:44 PM
rockscan rockscan is offline
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She can go to her city hall and have the clerk witness it. She would need to speak to someone who can commission or swear oaths. Its a service most municipalities offer.
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Old 08-12-2020, 04:48 PM
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Quote:
Originally Posted by rockscan View Post
She can go to her city hall and have the clerk witness it. She would need to speak to someone who can commission or swear oaths. Its a service most municipalities offer.
You're right. In fact, any adult can be a witness, you don't even need to be a commissioner. She is just being difficult, it's so frustrating and emotionally draining to deal with such personality.

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  #8  
Old 08-20-2020, 09:16 PM
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After a few frustrating days, she signed it with all relevant information. So much unnecessary drama.. ugh!

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