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  • child support arrears

    Just a question about chlid support arrears, o.k. my husbands ex was given his tax info on time, we offered help with paperwork and are trying to help her get child support changed (increased by the way) without actually doing the paperwork oursevles so she can learn how to do it (his income will go up substancially in the next few years). It was supposed to be done last july 1st. She gave us incomplete paperwork in September, and we asked for the rest of it and would she would get it back asap so support could change right away. Now she is threatening us with court, saying that my husband is a deadbeat who refuses to pay support for his kid, and the such. Now the question, will arrears be awarded if she takes us back to court? We have documentation that we are trying to help her fill out the forms (we even tried to go to mediation so they could do it) since the begining. Also, if she has been awarded OSAP as she went back to school, should they be notified of the increase? (it is a increase of over $200 a month) or am I just being a jerk to assume that not telling them is fraud? As an aside, we have put all of the 'arrears' aside, so she will be paid in full as soon as the paperwork is done. Also, does anyone know about asking for child support to be based on taxable income if a payor has more children than just the ones who have ordered support?

  • #2
    Originally posted by Sara08 View Post
    was supposed to be done last july 1st. She gave us incomplete paperwork in September, and we asked for the rest of it and would she would get it back asap so support could change right away. Now she is threatening us with court, saying that my husband is a deadbeat who refuses to pay support for his kid, and the such. Now the question, will arrears be awarded if she takes us back to court?
    The arrears of course are due, however, I would think that if you can show the courts that you are not intentionally delayed, that this is indeed a fault of hers, the court may be lenient. I think the courts would ask you why you have not continued to send the court ordered support while going through the process of changing it? Personally I would still make the court ordered payments, plus an additional amount based on his new income (at the present time). That way when she takes it to court, the judge will clearly see that you maintained the court order plus you voluntarily provided an increase. That way, I could see the courts accepting your additional payment as acceptable and not worrying about the past amount, as the onus is on the recipient to bring the matter back to court for adjustment. But the payer does have the obligation to maintain CS as per the order.

    Originally posted by Sara08 View Post
    Also, if she has been awarded OSAP as she went back to school, should they be notified of the increase?
    Absolutely, since OSAP is based on the recipients total income. Of course you could be the better person and not tell them, that way while she is trying to upgrade her skills she'll not have a hard time making ends meet, but the choice is yours. If OSAP finds out after the fact, it's her butt that's on the line not yours. She will be expected to pay the entire amount back ASAP, plus she will be put on probation for a minimum of 5 years where she will prohibited from applying for or receiving future OSAP. So basically it's in her best interests to notify OSAP of the increased support.

    Originally posted by Sara08 View Post
    Also, does anyone know about asking for child support to be based on taxable income if a payor has more children than just the ones who have ordered support?
    If the payer is legally obligated by the courts or law to pay support for children of another marriage/union, then yes the amount of CS paid in both cases are calculated in unison,. All other issues are handled separatly, IE access schedules, extra ordinary expenses, etc. I understand that say if he had two children with one woman and 3 with another, the courts set CS for 5 based on his income and divides it 2/5'ths for the ex with 2 kids, and 3/5'ths for the woman with the 3 kids. IE if support was set at $685 for 5 kids, the ex with 2 gets $274 and the other gets $411.

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    • #3
      Thanks! We are not going to tell OSAP, we think it is great that she is getting more education, what we are afraid of is that she will wait until she is done and then come after us for 'arrears' to pay off her debt. Can this happen? We are paying the full support for what our current order reads and are fully expecting to pay all of the back pay. It is frustrating because she has been living o.k. with $200 less than what she is 'entitlied' with no complaints (we are lucky from some of you payors out there, I know) and has had no change in circumstances to have her cost of living go up, however, this is not the system, I know. As for the child support being equal among kids if our relationship fails, (which is completely backwards) is that really the way it works? I am shocked, which is something because I didn't think that I could be any more upset with the FL system...

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      • #4
        If your court order indicates an amount for SS, that is all that I would pay.
        The only time we voluntarily change a support order is for CS, then and only then will be automatically adjust without an order to reflect present earnings.

        If the ex is not happy, (and this has happened in the past) she has taken us to court. @ which time we would explain why we adjusted and explained that we did not want to tie up precious court time for something so simple. We always include tax returns and T4's for the ex, but she likes the inside of a court room I think (shrugg??). The judges give her a warning not to return unless we ar fraudulent or in arrears. They cannot understand why she cannot except our documents without a court order.

        As for your faith in the FL system, welcome to the real world of Canandian FL!!

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        • #5
          The only reason that we are keeping the 'arrears' in a bank account is because we are with the FRO and are afraid to keep a balance in the account in case they mess up, which I have heard they can do. If we pay the cash to her, she will not acknowledge payment and same trouble. If anyone knows a way around this without paperwork, by all means we are open to it. (No spousal support, they never lived together) Child support will be changing every year over the next five years at least. if my husband gets a raise in the middle of the year and child support has already been changed for that year, if he discloses his raise and the order reads support can only change once a year, does this fall under material change in circumstance and warrant an increase or does it go by the previous years T4?

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          • #6
            Originally posted by Sara08 View Post
            The only reason that we are keeping the 'arrears' in a bank account is because we are with the FRO and are afraid to keep a balance in the account in case they mess up, which I have heard they can do. If we pay the cash to her, she will not acknowledge payment and same trouble. If anyone knows a way around this without paperwork, by all means we are open to it. (No spousal support, they never lived together)
            Yes we have had troubles with the FRO with respect to overpayments and underpayments etc. as well Wise idea not to leave a lbalance with them. If you choose to pay her rather than sending it to the FRO to forward to her, I assume FRO is only taking the court ordered amount for now and you are banking the amount you feel is owing relative to the increase in income. I would sent this to her via registered mail that requires her and her alone to sign for at the post office. This way she must show ID in order to pick it up, and the post master will have her sign, and you can get a copy via the internet, or via fax from them if you call for it. I have done this in the past. My husband's ex would check the box beside her signature to not allow it to be viewed on line under my tracking #. So once I saw that it was successfully delivered I called Canada post and they faxed me a copy of her signature of pick up. This is a legal document showing it was sent and received. Also we receive our cancelled cheques from the bank, so that further shows who cashed it, where and when.

            Originally posted by Sara08 View Post
            if my husband gets a raise in the middle of the year and child support has already been changed for that year, if he discloses his raise and the order reads support can only change once a year, does this fall under material change in circumstance and warrant an increase or does it go by the previous years T4?
            I think it does fall under a material change, but the onus would be on the receiving party to bring forth the motion for a change. Otherwise you are obligated to pay relative to the previous years Notice of assessment line 150 and/or T4's.
            Once the year rolls over then you are required to pay relative to the new years income and so one.

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