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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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  #11  
Old 08-20-2020, 03:15 PM
Tired_of_court Tired_of_court is offline
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That's what I'm going to do. File a Motion for S7 expenses and request $X per semester (no matter what the actual cost is) to be paid on X dates annually.

I'm not going to even bring up the child support in my motion because, from what I can tell, child support should go down (big change in the exchange rate) and if he wants this credit, he's going to have to ask for it.

I really did offer him up the best scenario that accounted for child support over payment (as ordered anyway, he is 4 months behind through FRO right now), accounted for decreased income for him and increased income for me, and further knocked off 5% of his contribution. I'm not sure I could have offered anything fairer at all and I did so specifically to avoid court. I have a new job, it isn't as easy to get time off work for court, and I'm also taking care of two elderly parents in addition to everything else. I just didn't want to have to deal with it.

I appreciate your assistance.
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  #12  
Old 08-20-2020, 03:48 PM
rockscan rockscan is offline
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I think you also have to have cs on the motion as you are updating the original order but I could be wrong.

Have you tried submitting a statement of arrears to FRO for the amount? If your agreement outlines how to calculate it you could just file a statement of arrears with the amount he owes and see what happens.
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  #13  
Old 08-20-2020, 04:01 PM
Tired_of_court Tired_of_court is offline
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I'm not sure about the CS part of that, but will soon tell when I delve into the numbers and paperwork. At present, I couldn't request the correct amount of CS because I don't have income disclosure for the relevant year. I'm guessing it will go down based on the exchange rate only, it may go up if his income did. My offer to him presumed no change in US income, only a change in exchange rate. In prior submissions to the court, I estimated income by applying year over year increases to the last known income amount.

I've spoken with FRO on this and they advise they need a definitive number in order to enforce it. I was hoping that since they have confirmed incomes on record that they would do the math per the agreement and enforce that amount, however, they will not. Their job, I was reminded, is to enforce a court order, not create a new order.

I tried the statement of arrears way back and FRO just rejected it because he objected, which is how I landed back in court the first time.

He delayed the execution of our initial agreement just the right amount of time to ignore a very large income increase on his part. He signed the agreement knowing he made quite a bit more than was previously disclosed and, as a result, saved himself quite a bit in child support. I later forgave that amount in order for him to drop his request for more access. Within a few months he was gone....so, he didn't have access anyway.

I already feel manipulated and duped....
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  #14  
Old 08-20-2020, 04:27 PM
rockscan rockscan is offline
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This is odd to me. How does his income go down with the exchange rate? Doesnt it go up? His income is say 70 grand us which makes it 87,500 canadian. His cs should be based on that amount no?
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  #15  
Old 08-20-2020, 04:40 PM
Tired_of_court Tired_of_court is offline
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Quote:
Originally Posted by rockscan View Post
This is odd to me. How does his income go down with the exchange rate? Doesnt it go up? His income is say 70 grand us which makes it 87,500 canadian. His cs should be based on that amount no?
The exchange rate used last time in court is higher than the exchange rate I would be using this time. Based on previously agreed upon Bank of Canada rate at December 31 of the relevant year.

When I apply the rate to the same income, it goes down from the previous order. Not much, but down none the less.
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  #16  
Old 08-20-2020, 05:05 PM
rockscan rockscan is offline
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But thats the rate to calculate cdn to us. im saying he earns a us income which when calculated as canadian is actually higher than what he earns here. I think that calculation is wrong.

Maybe I am wrong, anyone else on here know how you should be calculating an american income for canadian support?
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  #17  
Old 08-20-2020, 05:08 PM
Tired_of_court Tired_of_court is offline
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Yes, it works out higher.

70K US at exchange rate 2 years ago is $90K CAD
70K US at exchange rate today is $85K CAD

Right now, CS is based on the 90 and as of June 2020 should be based on the 85.

(not the real numbers, just an example)
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  #18  
Old 08-20-2020, 05:11 PM
rockscan rockscan is offline
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From this link https://www.djb.com/2017/10/cross-bo...-implications/

Quote:
When the recipient lives in Canada, but the Payor lives outside of Canada, the income available for support must be translated into Canadian equivalent dollars. The exchange rate used is based on the average exchange rate for the year. For example, assume the Payors income for support purposes is $100,000 US earned in Florida in 2016. To get an equivalent Canadian amount, multiply the amount by the average US / Canadian exchange rate for the year of 1.325, resulting in equivalent Canadian amount of $132,500.
If this is true then I am right. His US income would be higher in CDN $. Make sure you add the exchange to the amount.
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  #19  
Old 08-20-2020, 05:19 PM
Tired_of_court Tired_of_court is offline
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Yes, that's precisely what we do.

But exchange rates change, especially over the last few years. The initial order applied a 3% exchange rate. The subsequent one 25% (off the top of my head, I can't remember definitively).

The last time I was in court I received a huge lump sum amount because he'd been paying based on the 3% exchange rate (because he refused to update CS annually). So, I waited 3 years and reset the cs amount based on the new exchange rate and received arrears for prior years and those years used Dec 31 BofC rate as the exchange rate. This was the methodology applied when I was in court obtaining the order that had 3% exchange rate.

This time, that exchange rate has gone down marginally, which means cs could go down if his base US income didn't change. I don't know if it did or not because, once again, he won't provide disclosure.
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  #20  
Old 08-20-2020, 05:26 PM
Tired_of_court Tired_of_court is offline
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Him and his lawyer always approach the situation with the forethought that I'm out to screw them financially and imply I'm lying about this that or the other.

It became very invasive at one point, and meaningless since my income had zero determination on how much child support he paid. Despite not ever proving this once, despite asking for a S7 expense to be taken off the order, despite every single number I provide them being checked off as 100% accurate, they still go about it in the same way. It really upsets me because I take pride in my financial integrity and honesty. My job is Financial Controller.

I guess I'm just venting because despite having an agreement, despite being honest, despite him losing every single time in court, I have to do this again and it seems highly unfair. He hires a lawyer, because he's in the US, but I go it alone because I just can't fund a lawyer to do what I already funded a lawyer to do. He claims to be "struggling" financially, yet willingly spends thousands on lawyers that get him nowhere. It feels personal, vindictive and abusive to me.

Thanks for hearing the vent and offering up what you can. I do appreciate it.
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