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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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  #1  
Old 06-16-2018, 06:19 PM
ReFrame ReFrame is offline
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Default Motion to Change?

I am considering filing a Motion to Change, but am confused whether it is the right vehicle. Our agreement dictates certain recalculation upon triggering events. Some triggering events have occurred, but my ex will not abide by the recalculation stipulated in the agreement.

For example, as each child finishes post secondary, spousal gets recalculated, and, he is unilaterally changing both child and spousal downwards using only one of his t4 sources of income (which is about half of his line 150) and therefore less than the minimum income stipulated in the agreement. There is also a minimum income stipulated for me.

So, my question is, I do not want to "change" the agreement (it is only 18 months old) so how do I enforce the recalculations that are specified in the existing agreement?

Would a motion to change not allow for revisiting all terms of the agreement regarding support?
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Old 06-16-2018, 07:36 PM
Mom 2 Two Mom 2 Two is offline
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I think if you only have an agreement and not an order. You can only use the motion to change for child support or spousal support.

I am going through this right now. I served motion to change as I am not getting the section 7s that are in our agreement.


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Old 06-19-2018, 03:36 PM
banico.inc banico.inc is offline
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i filed a motion to change for an order that was not being followed. Duty Counsel told me almost a year later I should have filed a contempt of court.

if you have an order and want none of the wording changed - just your ex to follow it and/or do what it said and he isn't - he is in contempt.

if you want even one tiny detail changed for the existing order you do the motion to change.
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Old 06-20-2018, 09:46 AM
ReFrame ReFrame is offline
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Thank you Banico, that's the info I'm looking for! Mine originated as a separation agreement, but it is on file with the court, so I believe that's the same thing?

I do not want to change any of the wording of the way the calculations are to be completed, but there is a specific dollar figure listed which is now incorrect, based on those stated calculations. Does that require motion to change?

I thought a motion to change required some changed circumstance, which would cause a change to the terms or the previously issued order/agreement. Our only change is children started and finishing post secondary, which alters child support and therefore spousal support, but, the terms for those exact adjustments are clearly laid out in the agreement, the amounts are not.

Would this qualify as contempt? I didn't know you could file for contempt in family law, except for access.
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Old 06-20-2018, 05:52 PM
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Janus Janus is offline
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Why not just file with FRO? If wants to use something other than his line 150 income, then he can do a motion to change himself. He doesn't get to just pick a T4 and use it.
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Old 06-20-2018, 09:50 PM
ReFrame ReFrame is offline
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Hi Janus,

I would like nothing more than to file with FRO, but the problem is that the amount FRO could enforce takes into consideration decreases in child support (because there are amounts and end dates), but not increases (as there are start dates and triggering events, but no amounts).

Agreement reads in part (amounts are for example only):

A pays B $500 spousal, $1000 table (for child C and D) and $1200 education (for child D and E).

Child E's support ends Dec 31, at which time spousal get recalculated upwards using mid range SSAG and previous years income (say new spousal amount is now $1000).

Child D's support ends the following year with the same adjustments. Proportionate to income, education support begins for child C the following September (and this amount would be $500).

If I file with FRO, they can only collect $500 spousal, $1000 table, and $400 education = $1900. (dollar figures listed in the agreement)

The actual adjustments would be $2500 (adjustments specified in the agreement, but no dollar figures)

And, the following year, FRO could only enforce $1600.

So, there is no benefit to filing, and I don't want to change any of the terms of the agreement as there have been no changes to our situation.

Unless there is a way to seek the adjustments in accordance with the existing agreement....
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Old 06-20-2018, 10:36 PM
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arabian arabian is offline
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A bad agreement. Hope you get a new lawyer. You are correct, this one would be unenforceable by FRO so it is useless to you.

If you don't have an agreement which is enforceable by FRO then what good is it? You have to correct this. Calculate the amount of money lost by not correcting it.

Talk to your lawyer and instruct her to fix it. An agreement which is unenforceable is of no use to you.
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