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  • CS Variance

    Need to know when the CS payor wants variance what do they need to do to notify the recipient? Is the variance a legal proceeding where the payor needs to go to court for such or can it be done without going to court and without my being able to disprove their claim? Any help would be great.

  • #2
    If your CS agreement is just an agreement between yourselves than both parties can vary it according to the personal situation.
    Having a written agreement for this is a good thing.

    If your CS is a court order both parties can agree to a Consent Motion to Vary Child Support ~ Form 15D, fill out the papers, attach the pertinent documents and file it with the court so the support deduction order is altered. This would be needed if dealing w/FRO.

    If you want to go to court to dispute the change you may. The cost of this motion will depend on your being self-represented or if not, the hourly fee of your lawyer.

    Do you dispute your Ex's claim? Has he shown you his T-4's or Tax assessment for '08? Does the new figure he wants for CS seem fair?

    In my experience the Judge was perturbed with the waste of courts time for a simple variance.

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    • #3
      I dispute the exes claim for many reasons.
      He sold the marital home, purchased one for half the price but 45 min away from his child.- I didnt receive anything from sale.
      In the last three years he has been on VAPS every year (truth be told since I received final order from the judge every year he is on VAPS) and right now he has broken the VAPS he has with FRO - thats another issue
      He has bougth three cars in 3 years.......has had accidents with ym child in the car and failed to even call me whether its minor or major doesnt matter- I have sole custody of my child and he has visitation rights only

      about how long does this procedure for variance take because he hasnt served me any court papers to date and he said he was applying months ago

      To make his situation even worse he fails to give me his tax returns as per the order ( and the many other things he defies in the order).......I ask him for them and I never get them. Other than asking Im not sure how else to get these
      Last edited by littleman; 07-06-2009, 09:21 AM.

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