FRO tells me I need a court order to change child support payments.
I did my taxes and submitted them to my ex and I made a lot less. I will need to reduce my support payments (I've been paying over for a long time). She is aware this is coming and has had a long time to plan.
I'd like to file a motion (hopefully unopposed) to adjust the child support payments. Her lawyer suggests that I can't because of the material change of corcumstance clause that says I can't until November 2016. In fact he states that I won't even be able to file a motion to request the adjustment until July 1 2017! My lawyer disagreed with his lawyer, but I'm trying to save costs and don't want a awyer if I can avoid it. Ideally I'd like to submit this myself. All I want is the agreement upheld!
Here are the relevant sections of our agreement:
13. For as long as support is payable, the parties shall produce to one another, on an annual basis, their Notices of Assessment and complete Income Tax Returns by July 1st of each year.
14. The parties shall adjust child support annually to be in accordance with the Child Support Guidelines and the Applicant's income for the prior year in July of each year.
17. The parties agree that there will be no adjustment for material chance in circumstances until November 2016.
Questions!
1. Is he right?
2. Does #17 overide #14?
3. Will I win if she opposes?
4. She hasn't submitted anything to me. Does that make a difference (kind of doubt it)?
5. It seems to me that I only want #14 enforced, not to change anything in the agreement (besides the current child support amount). Am I right? In that case it isn't a "material change of circumstance" issue at all?
6. If I'm wrong can I file a motion in November 2016, or do I have to wait until July 2017?
I did my taxes and submitted them to my ex and I made a lot less. I will need to reduce my support payments (I've been paying over for a long time). She is aware this is coming and has had a long time to plan.
I'd like to file a motion (hopefully unopposed) to adjust the child support payments. Her lawyer suggests that I can't because of the material change of corcumstance clause that says I can't until November 2016. In fact he states that I won't even be able to file a motion to request the adjustment until July 1 2017! My lawyer disagreed with his lawyer, but I'm trying to save costs and don't want a awyer if I can avoid it. Ideally I'd like to submit this myself. All I want is the agreement upheld!
Here are the relevant sections of our agreement:
13. For as long as support is payable, the parties shall produce to one another, on an annual basis, their Notices of Assessment and complete Income Tax Returns by July 1st of each year.
14. The parties shall adjust child support annually to be in accordance with the Child Support Guidelines and the Applicant's income for the prior year in July of each year.
17. The parties agree that there will be no adjustment for material chance in circumstances until November 2016.
Questions!
1. Is he right?
2. Does #17 overide #14?
3. Will I win if she opposes?
4. She hasn't submitted anything to me. Does that make a difference (kind of doubt it)?
5. It seems to me that I only want #14 enforced, not to change anything in the agreement (besides the current child support amount). Am I right? In that case it isn't a "material change of circumstance" issue at all?
6. If I'm wrong can I file a motion in November 2016, or do I have to wait until July 2017?
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