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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 02-04-2020, 11:45 AM
Dad needs advice Dad needs advice is offline
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Thank you all for your answers. I have one more question, kids 2 and 3 will be moving in with me in a new apartment in about two months and since we will need a larger apartment the cost of rent will be a lot more than what I am currently paying and with the cs I'm paying right now it will be very difficult so I was wondering if it's possible to ask FRO for a stay on payments until the cs is modified in court or if I have to keep paying cs for them in the meantime even though they are living with me?
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  #12  
Old 02-04-2020, 12:16 PM
rockscan rockscan is offline
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You can ask but until it changes with an order they may not be able to do it. Make sure you request a temporary order to stop cs enforcement by FRO.

Your kids should also contribute to expenses. If they lived away from home they would be paying a third of their living costs. Some parents dont make their kids living at home pay but if your finances are so tight it may be necessary. I paid rent while living at home and going to university. It wasnt pleasant but we needed to contribute to household expenses as my mom was on disability and it didnt cover us once we aged out.
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  #13  
Old 02-04-2020, 03:27 PM
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Quote:
Originally Posted by rockscan View Post
Make sure you request a temporary order to stop cs enforcement by FRO.

Do you mean asking the court or FRO?


Also, my income has gone up a bit since the court order in 2015 but she never requested my financial information and nowhere in the court order does it say anything about disclosing this information at any time, can she ask for retro on this even though she never asked before? I just read on a different post that you are required to provide this information yearly but I wasn't aware of this.
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  #14  
Old 02-04-2020, 04:35 PM
rockscan rockscan is offline
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Under the federal guidelines you are obligated to provide updated financial information to ensure cs amounts are correct. Just because she doesnt ask doesnt mean you dont tell her. You would be considered blameworthy in the eyes of the court for not sharing that info. Her not asking only has an impact on the amount of retro she would get.

My advice (and Im not a lawyer), calculate what you should have been paying in the years since the order and apply it to your current situation. For instance, if you owe her $1000, figure out how much cs she would pay you and start the cs at that month. If she would pay you $250 a month, put your cs request four months after the kids start living with you.
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  #15  
Old 02-04-2020, 04:37 PM
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Quote:
Originally Posted by Dad needs advice View Post
Do you mean asking the court or FRO?.

The court. On the forms there is a question about asking the court for a temporary order. Put in that part and order to stop enforcement by FRO. When you appear, stress to the judge that require the order as you are overpaying FRO and you will not receive those funds back.
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  #16  
Old 02-04-2020, 05:35 PM
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I found this on the Department of justice website, I might not be looking at the right place but it says that she would've had to send me a written request for my financial information, is this right or I'm I looking in the wrong place?


2. Continuing disclosure obligation after a child support order or agreement is made
To ensure that children receive fair support that is based on up-to-date income information, there is an obligation for parents to continue to provide income information after a child support order or agreement is made. This legal obligation comes from the law, court decisions, and/or administrative services (for example, a recalculation service
  • Federal Guidelines: The Federal Guidelines say that parents who had to provide their income information to establish child support have to provide updated income information not more than once a year if they receive a written request from the other parent. This means that the parent sending the request for updated income information has the right to that information and that the other parent must provide it.
  • Changes in income: The Supreme Court of Canada said that parents must pay child support based on their most current income information. Therefore, parents should keep each other informed of changes to their income.
  • Order or agreement: A child support order or agreement may require a parent to provide income information to the other parent at specified times or in specific situations.
  • Recalculation service: Parents may also be required to provide their income information if their child support order or agreement is registered with a recalculation service.
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  #17  
Old 02-04-2020, 06:24 PM
rockscan rockscan is offline
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No she has the right to ask not more than once per year. YOU still have an obligation to provide the info when it changes.
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  #18  
Old 02-07-2020, 05:13 PM
StevenS StevenS is offline
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Quote:
Originally Posted by Dad needs advice View Post
I have a few questions about modifying a court order for child support. We have a court order that dates back to 2015 so many things have changed since but I have no idea where to even begin to ask for modifications. I have tried to talk with my ex to have this done without having to hire lawyers but she will not listen. We have 4 kids together, 3 of which are now adults. The oldest is 21 and quit university just before the end of her third year last february and moved in with me then so I don't think it is normal that I am still paying her mom for her. The second and third oldest (20 and 18)are away at university and they have their own apartment together, they come back to their mother's for the summer months. The 20 year old is in his third year of university and is going for a doctorate which will take 8 years to complete and the 18 yo is in her first year and still has 5 more years to go before she completes her program. The youngest is 11 and lives with his mother and I see him every second weekend because we don't live in the same city. I only have a grade 12 education and don't have a very good paying job (48000$/year). The two children living away are paying for their own apartment, food, school... everything, mom doesn't help financially but is still receiving cs for them. My questions are, should I still be paying full support? Also, will a judge ask a parent with a grade 12 education to pay for his children to get a doctorate? What are my options in regards to having changes made? Do I need a lawyer or is it simply a matter of filling out a few documents? Thank you for your time!
Definitely get a lawyer to do it. You don't want it to be challenged later.
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