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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 02-17-2020, 09:02 PM
backinthesaddle backinthesaddle is offline
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Default Child Support outdated

Asking for a friend....

Brief 5 year marriage and 2 children. Mom has custody with dad having kids 5 nights a month. 2013 superior court awarded mom child support based on 2013 income. Custody has not changed but ex income has increased by 70k. The agreement states each year he will produce his NOA and adjust accordingly. He has never done this. Repeated emails go unanswered or he tells her to stop bothering him. Section 7 expenses have also increased and he pays what he was ordered to pay in 2013. All money goes to kids. She can't afford to pay for kids AND a lawyer. She states the agreement indicates that he produce his NOA but she says it doesn't say how this is done or who oversees the process. Kids are missing out and due to go to university in 2 years and she is stressed he will never pay. Is there starting point? Doesn't make sense she has to now jump through hoops to get money owed to her and it was court ordered and he just won't reply. Lots of abuse too so she is reluctant to keep rocking the boat and he is taking advantage of this. Advice?
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Old 02-17-2020, 09:49 PM
rockscan rockscan is offline
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Tell her to file a motion to change and in it attach all the emails she asked him to update. She can also go back to the date she started asking. She doesnt need a lawyer, can file and appear on her own as it is straight forward.

Do it now so that when it gets to a judge she can add in expected university expenses. He has shown blameworthy conduct and may see a huge order for arrears if he isnt careful.
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Old 02-18-2020, 11:11 AM
dad2bandm dad2bandm is offline
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Yeah, given the info you have provided, this *sounds* pretty clear-cut. Highly doubt that she needs a lawyer for simple "updating child support based on current income request."


But if the other party is not co-operating, then nothing will happen until she files a motion asking for this.


Sounds like, current child support is not done through FRO?
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Old 02-18-2020, 11:17 AM
backinthesaddle backinthesaddle is offline
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He pays the current child support but the 7 year old agreement states he must submit Tax info and this was never done. What forms. There are so many. She is only asking that the original court order be adhered to and child support paid based on annual income. He has refused to do this and it’s one of those “who do you call”. She shouldn’t have to pay a lawyer thousands to get what was already court ordered but not already updated. Everyone says file a motion but without a lawyer how does one do this. Which firm? There are so many. All for different reasons that all sound similar.
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Old 02-18-2020, 11:28 AM
rockscan rockscan is offline
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Its form 15a if in Ontario. Its pretty straight forward to fill out. If she knows his income has gone up and when it went up then she can estimate the amounts and put those in.

Her affidavit will outline all the times she requested tax info and his response. She will need to attach all documentation (copies work) received from him ESPECIALLY the ones where he told her to take a hike.

She can also offer him three years of updating rather than the full seven years in her request to see if he will settle with that.

The first appearance is to set a date for a conference. The conference will be straight forward and easy for her as she is simply asking for a normal update and he has refused to provide documentation. He may even follow the law after that appearance and she won’t have to do anything more!
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Old 02-18-2020, 11:33 AM
dad2bandm dad2bandm is offline
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Valid in Ontario, but good outline of what one does to file motion to claim/or update, child support:


https://www.ontario.ca/page/set-up-o...-support-court


(as an aside, how do you know they make $70,000 more now, if you aren't getting any of the NOAs or requested documentation?)


But if he is making significantly more, and is not updating the child support, then this is pretty simple.
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