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  • Yearly adjustment to CS

    So if you have sole custody and your court order is registered with the FRO and it calls for an adjustment to CS based on income each year, does the paying parent advise the FRO of income each year?

    What is the mechanism for the FRO to effect CS changes, short of going back to court for a motion to vary?

  • #2
    I haven't got that far yet.

    Our separation agreement is worded roughly as such: The parties will exchange income tax returns each year; cs will be paid according to the previous year's return to be determined by June of each year

    The custody and support sections of our agreement are registered with the courts and have the force of a court order. If I understand correctly how it was done, my lawyer attached it to the divorce order, so I guess it WAS a court order.

    In my case, if I have to go FRO (and I may someday, my ex is like that) the amount is already a court order even though it was a negotiated agreement. The future amounts are part of that court order.

    I'll talk to the law clerk at my lawyer's and see if I have the gist of it.

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    • #3
      My ex runs a leased business.HE was imputed an income and now this year he requested me to change the cs as his income is less than 1/4 of what he was earning.
      So I asked of some disclosure documents which he refused to give stating ITS NONE OF MY BUSINESS.And guess what now he is taking me to court because FRO threatned to suspend his licence.
      But regular mechanism is very simple.A letter is drafted and both parties sign it and fax it to FRO.It takes 6-8 weeks till they update their records.
      Going to court is the last option if one party is being extremely difficult like me

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      • #4
        Originally posted by sufferer View Post
        But regular mechanism is very simple.A letter is drafted and both parties sign it and fax it to FRO.It takes 6-8 weeks till they update their records.
        Thanks!!!!

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        • #5
          I thought that once the financial documents are disclosed, and the amount determined, that both parties file a Motion to Change with Consent...

          Once said Motion is granted, (no court appearance necessary) it becomes a new/updated court order, and a new Support Deduction Order is issued, which is then sent to FRO for enforcement?

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          • #6
            That would be cumbersome wouldn't it?

            You're still going through court, even if there isn't an appearance.

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            • #7
              I take my assessment I get from CRA and fax it into FRO with an explanation and a paragraph quote from my seperation agreement. It does take 6-8 for them to figure it out though. Now all I have to do is wait until they figure out there was 5 months with over payments made. What are the chances of getting my $1600+ back.......

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              • #8
                Originally posted by OttawaM43 View Post
                I take my assessment I get from CRA and fax it into FRO with an explanation and a paragraph quote from my seperation agreement. It does take 6-8 for them to figure it out though. Now all I have to do is wait until they figure out there was 5 months with over payments made. What are the chances of getting my $1600+ back.......
                Any luck with this? I just tried faxing this info last week to FRO. How long does it take to change?

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                • #9
                  After a mix up at the MPP's office they confirm that my info was faxed into FRO and called me to pick up the fax confirmation sheet because FRO was telling the ex that they never received any fax to change the amount of CS. Some advise on this issue. Take the paperwork after it is stamped and signed and fax it yourself. The MMP office has too many of these and I find that they can loss your info very easy and with no proof, you could be scrambling to explain it. To date they have not changed anything but I did inform my employer to remove more money from my pay to offset what should be paid. Since my employer knows how many problems I have had with FRO they agreed to change the amounts without paperwork. No arrears will accumulate.

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                  • #10
                    Originally posted by OttawaM43 View Post
                    After a mix up at the MPP's office they confirm that my info was faxed into FRO and called me to pick up the fax confirmation sheet because FRO was telling the ex that they never received any fax to change the amount of CS. Some advise on this issue. Take the paperwork after it is stamped and signed and fax it yourself. The MMP office has too many of these and I find that they can loss your info very easy and with no proof, you could be scrambling to explain it. To date they have not changed anything but I did inform my employer to remove more money from my pay to offset what should be paid. Since my employer knows how many problems I have had with FRO they agreed to change the amounts without paperwork. No arrears will accumulate.
                    Be careful.... because if FRO never makes the necessary adjustments, your overpayments will mean nothing. They will be additional "gifts" for the kids. (My husband has been there.)

                    Either way, it usually takes FRO 2-4 months to put a new order or consent in place. However, now that all adjustments are made as they come in (no more preference given to court-ordered adjustments) it can take up to 6 months, if not more. Just keep checking with FRO to see if they have all the correct information, and re-submit it if necessary.

                    (We're in the process of trying to get an adjustment made also, in accordance with our May 2010 court order. Yet FRO is still working off a December 2007 court order, despite there being a February 2009 and June 2009 order also filed with them. We're still waiting for them to make all the necessary adjustments. They are soooo SLOW.)

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