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Updating Order for Support and S7

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  • Updating Order for Support and S7

    Can anyone tell me what the process is and all the forms I would need to complete to update only child support and the S7 % of proportionate share? I have the payors T4 and I emailed him my NOA but he won’t respond at all in regards to a Consent Motion to Change or provide his NOA.

    Our order is from December 2018 so I wouldn’t be asking for any arrears. Simply an update to be in effect as of May 1st. Or am I supposed to ask for arrears for the increase each month in 2018 since his income went up in 2018?

    There are so many forms I just don’t know where to start and want to keep it as simple as possible. Not looking for a full blown court process. Simple and want to avoid any issues.

  • #2
    If he isn’t going to agree to a motion to change on consent then you need the court process.

    Your agreement for cs and s7 was finalized in December? What did your agreement say about updating? How much of an increase was his income?

    I ask these questions because your order was based on his income provided which was at the discretion of the judge. If he had a major increase then it will be reflected in his cs going forward. You will then update annually if he refuses to let you know when his income changes during the year.

    You will need the motion to change form that is not on consent (I think its 15A?) and fill it all out.

    Comment


    • #3
      The judge pushed the decision off a bit so it wasn’t made final until December in which they used his 2017 income because 2018 was still the current year. The order says it’s to be updated annually in May. The increase is $5000 a year. I have a copy of his T-4. Not a lot but I feel it’s easier to keep a consistent update per year to avoid any issues down the road. S7 % barely changed but I was wasn’t sure if it needs to be part of the process. I’m fine with just increasing support to the table amount just to keep things easy. Not to mention he’s failed to follow the order in terms of paying childcare. I’m not even going to bring that up in my motion as FRO said I can send the receipts to them and they will collect on my behalf.
      If it’s support only, do I need to complete a financial statement as well?
      Thank you for ur help.

      Comment


      • #4
        Then you update in May. You don’t get arrears. The judge used his 2017 income as his 2018 income wasn’t known. Now it is known and you update going forward. The judge also gave him a discount of 5%. Is this to be carried forward or did the order say it goes to table?

        Your order says you update in May. If he hasn’t filed his taxes yet then he won’t have the noa. You’re still a few weeks early and he may be intending to update in accordance with the agreement.

        You can get the paperwork ready but a judge will not look kindly on you filing early before he has had a chance to adhere to the agreement. He will be able to argue he did not have a chance to follow the order before you filed.

        Comment


        • #5
          Thanks for the great info. I don’t plan on updating until after the date in the order, I was doing my homework now so I understood. The order doesn’t mention the 5% discount moving forward but I was just going to continue with it anyways. Do you know if I need to complete a financial statement as well? Thanks again.

          Comment


          • #6
            I don’t think you have to. I think just him.

            Comment


            • #7
              If you are just requesting an update to basic CS (and you are primary caregiver- not a 50/50 offset support situation) then only he needs to disclose income.

              If you want to update S7 percentage then you will need to disclose income as well.

              Comment


              • #8
                Filed the motion to change yesterday and I had a friend go to his house to serve the papers knowing he would avoid service anyways. His brother was in the backyard whom is the homeowner so my friend knocked on the gate and he came to the gate. She told him she was here to serve court papers and went to had them over the gate and he pulled his hand back and said he doesn’t want to get involved. They landed on the ground at his feet and told him that she served them to him and advised nicely to give them to the respondent. He was rude and said, I’m not touching them, I hope they don’t get washed away. I sent an email to the respondent advising that his brother was served with papers for him and that they were left with him just in case his brother was a jerk and didn’t tell him. My friend also mailed a copy right away and completed the affidavit of service. Has anyone else had troubles like this serving documents? Fingers crossed he doesn’t start trouble with it, but because he left them on the ground over the gate my friend couldn’t get them back anyways.

                Comment


                • #9
                  well. you served him properly. good luck with the next steps.

                  Comment

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