Originally posted by Mess
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Needing help - ex husband wants payback
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representingself, we seem to be interpreting the clause in the agreement differently.
2009 support is ultimately based on 2009 income. But this can't be known until 2010. So the monthly payments in 2009 are to be based on the 2008 tax return.
In 2010, the 2009 tax return is filed, and final numbers are available. If there was an over or underpayment in 2009, it would be resolved in 2010.
representingself, your interpretation would render the entire clause meaningless. Why not just say "support will be based on the previous year's income"? The reason it would be worded this way is because when support started up they didn't have the correct numbers for that year, so they built in an ongoing correction.
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You need to reconsider your position. Work with him not against him. Don't understand why you think he's doing something to you intentionally.
By the way, I'm a woman with 3 kids and receiving no support from my Ex.
Work with him not against him and stop taking his decisions about his employment so personally. This could have happened if you were still together and you would have found a way to work this out for your kids, so have the same approach and attitude now as well.
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Originally posted by phoenix View Postdadtotheend, I think you are being extremely rude and WAY out of line.
It is possible to disagree with someone politely. informedmom is brand new here (less than 10 posts.)
As demonstrated -- many views to your unique issue. Good to see you worked things out with your child's other parent and weathered the storm here...
By the way, the courts reserve the right to set aside support clauses of Separation Agreements as per the Family Law Act, Ontario, if it is in the child's best interest to do so. See this recent post and pay particular attention to Sub-Section 56(1.1.) of the respective statute.
By the way - welcome...
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