When can the FRO get involved?

[OpenSesame]

My partner recently informed his ex that he would be reducing his child support payments to the table amount based on his notice of assessment which he received this past month.

Her response was that she would file with the FRO. Their separation agreement is not currently filed with the court but it does stipulate he will pay $1,500 monthly regardless of his income (unfortunately, he is currently unemployed).

At the same time, he has filed with the court to have the separation agreement set aside, either in part or in its entirety. Big mess but basically, he signed the agreement without legal advice and under threat from her.

Please note she makes twice as much money as he does and up until now he has paid half of all expenses including the expensive live-in nanny so his actual payments have been closer to $3k a month. His lawyer is confident that the financial terms of the SA will be set aside for more reasonable conditions considering it is very biased in her favour (even her lawyer acknowledged that).

I guess my question is, considering the separation agreement is currently under debate in court, is it possible for her to file the agreement anyway and get FRO involved?

[rockscan]

If she files with FRO he would have to file a motion to cease enforcement while the order is being addressed.

If he isn’t in an off set situation, her income means nothing.

[iona6656]

Was the job loss involuntary?

[iona6656]

Also- I’m curious as to whether $1500 was the table amount when he signed the agreement? If not- how did they get to that number?

[OpenSesame]

Was the job loss involuntary?

Yes and no. It’s complicated and I’d prefer not to disclose the information publicly but suffice to say he’s in litigation with his former employer. He resigned with notice because they broke a contract. He was subsequently terminated. If it helps, EI ruled in his favor.

[OpenSesame]

Also- I’m curious as to whether $1500 was the table amount when he signed the agreement? If not- how did they get to that number?

That was the table amount when he signed the agreement. It was a new job though. He has never made that kind of money in the past. Historically, he made about $60k a year.