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Poll - when do you update CS amounts? Yearly, whenever, never...

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  • Poll - when do you update CS amounts? Yearly, whenever, never...

    I'd like to know how people update their CS amounts and how.

    I have been updating yearly July 1, using previous year NOA. I exchange tax returns/NOA for previous year with my ex, and we update our offset CS amount and pay that from July to June and we do this every year.

    I consider this to take care of any and all changes to income, including job loss. Even though it is 7 months delayed, there is no change of circumstance that would justify my ex and I to adjust this method or its timing. IMHO.

    What do you do? Was it court ordered?

  • #2
    We do the same as you. After taxes are done for the year and NOA are available, we recalculate and discuss and sign an amending support agreement each year which takes effect July 1st.

    We have been lucky and there have been no sudden changes such as job loss so I'm not sure how it would work out if one were to occur.

    Comment


    • #3
      Yearly, July 1, based on most recent available NOA. July 1 is also when annual raises or changes in salary kick in for me, so it makes sense to change CS at the same time as income changes.

      Comment


      • #4
        I update once my income changes. I send an email stating I now make X and that c/s is Y (I also send the link to the table). This has gone for both increases and decreases in income.

        I find it easier then trying to figure out if I owe arrears or whether or not my income was back dated to the beginning of the year.

        Comment


        • #5
          I pay table child support - not in an offset situation with our order.

          I also update my child support payable, immediately, if my income changes. Luckily, mine has only ever gone up (thus far). I can imagine the drama, if I have to update it, if my income goes down.

          We are court ordered to exchange our tax returns/NOAs each year. I do; ex never does.

          Comment


          • #6
            My ex is ordered to provide me with his income statements on the first of July each year. His job regularly changes and so does his income. He pays the table amount and won't sign a Consent to change Child Support Motion so I have to serve him with a court date and we do it the long difficult way. I wish there was an easier way for me to do this every year.

            Comment


            • #7
              Originally posted by dad2bandm View Post
              Luckily, mine has only ever gone up (thus far). I can imagine the drama, if I have to update it, if my income goes down.
              I had it happen once due to a change in job that brought me out of Toronto to a job much closer to home.....it wasn't pretty....

              Comment


              • #8
                Originally posted by HammerDad View Post
                I update once my income changes. I send an email stating I now make X and that c/s is Y (I also send the link to the table). This has gone for both increases and decreases in income.

                I find it easier then trying to figure out if I owe arrears or whether or not my income was back dated to the beginning of the year.
                I would recommend this as well but, it depends on the reasonableness of both parties involved. Financial disclosure should happen between two reasonable people at any point that a change in income happens. This is in respect of the basic principal that child support is the right of the child and not either parent.

                I always find it puzzling when one of the parties in a family law dispute doesn't want to provide "full and frank" financial disclosure in the matter at any time. Rule 13 was put in place to provide guidance and not only to be enforced when there is an application before the court. In the absence of common sense by one or both of the parties I always recommend that both parties consider what they are obligated to under the Rules in the situation should their be an active Application before the court.

                I tend to be of the opinion that in a situation where one parent has a job change and they refuse to provide disclosure resulting from this material change 99% of the time it is because they are making more money and they don't want to have to pay more child support in accordance with Section 9 of the FCSG.

                Good Luck!
                Tayken

                Comment


                • #9
                  Originally posted by court View Post
                  My ex is ordered to provide me with his income statements on the first of July each year. His job regularly changes and so does his income. He pays the table amount and won't sign a Consent to change Child Support Motion so I have to serve him with a court date and we do it the long difficult way. I wish there was an easier way for me to do this every year.
                  Ask for costs... if the other party gets hit with costs usually it stops the nonsense.

                  My recommendation to resolve the issue would be to do this:

                  1. Serve an offer to settle for the issues of the child support. Take your financial disclosure and the other parties and integrate it into the offer to settle. Integrate all the necessary wording from the previous order/agreement and integrate it into the new offer to settle.

                  2. Give them until July 1 to accept the offer to settle.

                  3. If they don't accept you go on a motion and ask for exactly what has been offered already. ASK FOR COSTS TO BE ORDERED!

                  4. Motion heard, order made and if identical to what you ask for in the notice of motion, ask for all costs from the date the offer to settle was served.

                  Generally it only takes one stupid incident like this and costs to be awarded against the stupid party who drags nonsense to court to realize that (a) you are not stupid and (b) they have to pay for their own stupidity.

                  Good Luck!
                  Tayken

                  Comment


                  • #10
                    Originally posted by oink View Post
                    Really...you do?
                    Yes, yes I do. Because it is easy to get financial disclosures ordered in any proceeding where child support needs to be determined etc... You can't hide bank transactions and it is hard today to move huge piles of cash money around...

                    Good Luck!
                    Tayken

                    Comment


                    • #11
                      Hi All,
                      Here's my situation:
                      I have been paying CO amount for CS thru FRO since 2005 (previous CO was varied).
                      I have sent ex my tax info/NOA each year - she stopped sending her's in 2008.
                      A few years back I asked caseworker at FRO if my support would change (previous order was indexed) he told me unless CO was changed I didn't have to worry about it, so I didn't.
                      Until I found this forum and started reading different court cases I had no idea things had changed and CS was to be adjusted yearly.
                      My previous posts have details regarding high conflict ex and her lying, not disclosing info etc.
                      Our D will finish school at the end of this year, we have reconciled have been able to work things out. Ex is not happy about it.
                      Very soon I will be sending letter to ex's lawyer to have CS end when school does.
                      If past behaviour predicts anything I guess I will be looking at a claim for retroactive CS.
                      Ex had lived a very affluent lifestyle till just recently when she turfed hubby #2 to the sidelines, my D did not lack for anything (2 horses, car etc).
                      I did offer to put D on my health/dental plan, was turned down by ex - she didn't need it. When asked I always paid half for extras (trips etc.), usually I was not told.
                      There you have it, feel free to share opinions.
                      Cheers.

                      Comment


                      • #12
                        We had no wording around adjusting CS, only exchanging income tax info by June 15 every year.

                        For five years, X told me that he made less money than "he used to" so wouldn't agree to any increase and wouldn't share financial info.

                        Finally, in January, I decided to file Motion to Change hoping that would force him to disclose.

                        It took until July and three visits to the court to find out that he's currently making more than $50,000 per year MORE than he was at separation 5.5 years ago.

                        Live and learn. Case still ongoing.

                        Comment


                        • #13
                          Originally posted by Tayken View Post
                          Ask for costs... if the other party gets hit with costs usually it stops the nonsense.

                          My recommendation to resolve the issue would be to do this:

                          1. Serve an offer to settle for the issues of the child support. Take your financial disclosure and the other parties and integrate it into the offer to settle. Integrate all the necessary wording from the previous order/agreement and integrate it into the new offer to settle.

                          2. Give them until July 1 to accept the offer to settle.

                          3. If they don't accept you go on a motion and ask for exactly what has been offered already. ASK FOR COSTS TO BE ORDERED!

                          4. Motion heard, order made and if identical to what you ask for in the notice of motion, ask for all costs from the date the offer to settle was served.

                          Generally it only takes one stupid incident like this and costs to be awarded against the stupid party who drags nonsense to court to realize that (a) you are not stupid and (b) they have to pay for their own stupidity.

                          Good Luck!
                          Tayken

                          Copied and pasted (for future reference )

                          Comment


                          • #14
                            My husband has been paying child support since 1996. There is a cost of living increase every year (calculated by FRO). There has never been an exchange of tax returns.

                            Comment


                            • #15
                              Tayken, here is my question to you then:

                              I have had costs ordered and he just won't pay them. I am asking for them again but this time requesting that they, and previous costs ordered, be enforceable. Is that really feasible? Can a judge enforce costs? Otherwise, what the heck is the point in ordering them if a person can just refuse to pay them?

                              He loses nothing by making me go to court. He just gets to watch me jump through hoops to get what he should be agreeing to (table amount CS in this case).

                              We currently go through FRO so can FRO enforce these costs if given a deductions order for them by the court?

                              Comment

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