Ex & I have a Agreement from 2004 that is a Court Order. In 2010 I filed a motion to change to have CS updated to current amounts AND to re-adjust the proportionate split for Section 7.
Went all the way to Trial (Sept 2011) & ex went down in flames ... the Final Order said that we agreed with the CS (as ex was paying based on his 2010 income & according to guidelines). The judge's new order specified this and stated that it was to be a 70/30 split for Section 7 & even listed WHAT the Section 7 expenses were that ex was responsible for (figures based on both our 2010 NOA's)
The original agreement clearly states, that either party, once a year may ask for the normal documentation to adjust support. The anniversary date for CS to be adjusted is April 1st.
Fast forward to now. I started a new job in November ... ex thinks I got a big fat raise but pay is the same as I was making before BUT come Sept 2012 I "should" be getting a good increase (ie. 5,000 - 10,000) ... nothing in writing but that was what was implied when I took the job.
Ex emailed and said that he wanted my current pay-stub and that if I got a raise that he wanted the proportionate split recalculated and backdated to the day I got the raise. It's a non-issue now cause my pay is the same ... BUT ... let's say that I did get a raise of $5,000. IMO, that will come to light on April 1st when I've provided by 2011 T4's and NOA. And THEN adjustments could me made. My reasoning is that CS/Section 7 is adjusted yearly and let's say ex worked every weekend in the month of July and made time and 1/2 ... does that mean he has to disclose that in August and "adjust" CS & proportionate split? (I think NOT ... as it will come to bearing the following year when taxes are done)
I know there will be tons of OPINIONS on this but I'd like to have some "FACTS" and law on it.
Can anyone help?
TIA
Went all the way to Trial (Sept 2011) & ex went down in flames ... the Final Order said that we agreed with the CS (as ex was paying based on his 2010 income & according to guidelines). The judge's new order specified this and stated that it was to be a 70/30 split for Section 7 & even listed WHAT the Section 7 expenses were that ex was responsible for (figures based on both our 2010 NOA's)
The original agreement clearly states, that either party, once a year may ask for the normal documentation to adjust support. The anniversary date for CS to be adjusted is April 1st.
Fast forward to now. I started a new job in November ... ex thinks I got a big fat raise but pay is the same as I was making before BUT come Sept 2012 I "should" be getting a good increase (ie. 5,000 - 10,000) ... nothing in writing but that was what was implied when I took the job.
Ex emailed and said that he wanted my current pay-stub and that if I got a raise that he wanted the proportionate split recalculated and backdated to the day I got the raise. It's a non-issue now cause my pay is the same ... BUT ... let's say that I did get a raise of $5,000. IMO, that will come to light on April 1st when I've provided by 2011 T4's and NOA. And THEN adjustments could me made. My reasoning is that CS/Section 7 is adjusted yearly and let's say ex worked every weekend in the month of July and made time and 1/2 ... does that mean he has to disclose that in August and "adjust" CS & proportionate split? (I think NOT ... as it will come to bearing the following year when taxes are done)
I know there will be tons of OPINIONS on this but I'd like to have some "FACTS" and law on it.
Can anyone help?
TIA
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