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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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Old 09-21-2011, 11:53 AM
baclayton baclayton is offline
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Unhappy Change in Support

Hello guys,

I havent been here for a while but since the court order I now need to revisit a few things as my situation has changed. At the time of the order we had a 38/62 split with the girls. Now I am working Full time so it is 50/50. The agreement we made was based on a 50/50 scenerio, but I accepted less support as the CTB was high and I was trying to keep things amicable between the two of us. My new job pays far less, and my CTB is now less than half. Also, he never provided me with a notice of assessment in June like is stated in the order and I am positive he earned more than the $62000 he indicated at the time of settlement. Also, part of the agreement we made was based on him paying for school costs and sharing the clothing for the three girls. None of that has occurred. Every time I drop the girls off I get an email, outlining all the things that he doesnt like. Its degrading. Also, his gf, who I really do like, is stirring the pot, by asking (indirectly) if I would consider switching the schedule to a week on week off like she has, but being sure to mention that she hasnt mentioned any of this to my ex... ya right. She is the one that the girls are dropped off to in the am on his days, and she emails him immediately to inform him that the girls havent done their hair, or whatever, which results in these ridiculous emails. They are dropped off an hour before school so if they wanna do their hair at his house, what is the problem??? Anyway, I need to know what type of things I can include in the change as well as which forms I need etc...

Any help would be appreciated.

Thanks

Another question, can I file for divorce at the same time? If so how and what do I need for that??... thx

Last edited by baclayton; 09-21-2011 at 11:54 AM. Reason: added info
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Old 09-21-2011, 12:04 PM
HammerDad HammerDad is offline
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If you guys are 50/50 then you should be using the offset amounts for determining C/S. Now, using offset isn't set in stone, but is generally accepted as the starting point. There are others that will be better able to describe how to determine the offset amount.

As for clothing etc., that is covered under any c/s being paid. Also, with 50/50 your ex would have to provide for clothes during their parenting time. So unless you are buying 100% of the clothes and the children are going back and forth in suitcases, the need to be reimbursed isn't apparent.

Re: NoA - send him a request in writing for his NoA and provide him with your's stating that you are requesting them in order to update the amounts each of you are required to contribute to C/S and s7 expenses, as provided for in the your agreement. Your ex may be making more, but I wouldn't believe it to be substantial, as most raises lately have been in line with inflation (if at all).

I think it would be better to file for divorce anyway if you haven't. It seems like you've separated your finances, determined custody etc. and moved on. Divorce should now be a formality as there really isn't anything to figure out.
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Old 09-21-2011, 12:12 PM
baclayton baclayton is offline
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I agree with the clothing being paid for out of C/S but we agreed to $350 a month at the time of the order and I was making $10000 more per year plus the CTB was double what it is now. He based his stated income on estimate... but he works the same place that he did in 2009 when we were married and he made more per year then without OT... He is reluctant to comply with my wriiten request for the NOA... and the only reason I can see for this is he made more than he claimed.
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Old 09-21-2011, 12:31 PM
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Quote:
Originally Posted by baclayton View Post
but we agreed to $350 a month at the time of the order
Is that $350 a month in c/s or is the $350 a month for clothes? If it is for clothes, is it in writing? I would assume it is c/s because $350 a month for clothes would be unreasonable unless you have a BUNCH of kids.

Also, I am confused. You said order, but you mention not being divorced? Do you mean agreement? Or do you mean a temporary order of custody (establishing the 50/50), and the divorce portion was on going?
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Old 09-21-2011, 01:08 PM
baclayton baclayton is offline
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We are not divorced and we have 3 kids. The $350 was for support as he makes quite a bit more than I do.
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Old 09-21-2011, 01:13 PM
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Quote:
Originally Posted by baclayton View Post
We are not divorced and we have 3 kids. The $350 was for support as he makes quite a bit more than I do.
Instead of asking him to contribute to clothing, just move to have c/s adjusted using the guideline amounts and the offset method. You may have to file a motion for this, and could probably use a lawyer. But it isn't a hard argument to win considering that is what the guidelines are there for.

As for the divorce, I would ask him if he would agree to an uncontested divorce using the current agreement. If he will, you file all the documents with the court. You then file a motion to change c/s to be in accordance with the guidelines.
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Old 09-21-2011, 01:24 PM
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Are you currently collecting the CCTB/UCCB in full? Or are you sharing it as a shared custody arrangement?
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Old 09-21-2011, 01:26 PM
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I am getting it all currently. I have primary residence and at the time i had them 70% of the time. Now he may file to have it split and that is fine. Just means we get less.
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Old 09-21-2011, 01:27 PM
baclayton baclayton is offline
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Quote:
Originally Posted by HammerDad View Post
Instead of asking him to contribute to clothing, just move to have c/s adjusted using the guideline amounts and the offset method. You may have to file a motion for this, and could probably use a lawyer. But it isn't a hard argument to win considering that is what the guidelines are there for.

As for the divorce, I would ask him if he would agree to an uncontested divorce using the current agreement. If he will, you file all the documents with the court. You then file a motion to change c/s to be in accordance with the guidelines.

So should I file for divorce first?? Or at the same time?? Any idea what it costs to file?
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Old 09-21-2011, 01:39 PM
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You can't do both a family court motion under the family law act, AND a divorce action under the Divorce Act.

The divorce action will take priority as it's Federal.

There is no real issue vis a vis just filing the divorce, it has to account for custody/access, support and equalization anyway.
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