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Will child support continue?

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  • Will child support continue?

    Hi all, I just found out that my ex who pays child support to me has taken a buy out from her job. I have know idea what is going to happen now and any information to help me out would be appreciated. The FRO has been deducting the payments from the employment.

  • #2
    She will have to bring a motion to change the amount once his income drops, but the buyout will keep his 2010 income high. You could well be facing a reduction in CS unless he gets another job.
    Last edited by dadtotheend; 10-13-2010, 06:14 PM.

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    • #3
      I'm not sure what you mean by "my ex...has taken a buy out from her job." Does that mean she accepted a severance package and is now unemployed?
      If yes, that could affect the child support amount. She could give you a filled out "Motion to Change" with back-up (copy of ROE and UI payment "stub") suggesting a new child support amount based on her unemployment income. If you choose to not sign it and change the amount through FRO, then she can take it to court and have a Judge change the amount (unless you and your ex have to attend mediation first).
      If she already has another job lined up, then she may continue paying the present amount. If that is the case, she might actually owe more monthly child support if her income has increased.
      So, yes it will likely affect the child support amount somehow and it may take FRO a "while" to catch up.

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      • #4
        Yes I believe she accepted a severance package...heard thought the grape vine. I not sure how many weeks she has left and we do not communicate at all, so I'm preparing for the worst. I guess I'll just have to wait until I'm contacted by the FRO.. is that how it will work? I'm sure she'll get paid out a great deal. Can't her payout be used for child support?

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        • #5
          Originally posted by Great Dad View Post
          Can't her payout be used for child support?
          Sure it can. It can also be used for hookers and blow.

          What I think you are asking is whether the payout will influence the amount of CS. It will be included in line 150 of her income tax return and will therefore affect the table amount of CS. But she is free to argue that it is a one-time deal and try and wiggle free of it.

          Do you adjust CS yearly to reflect changes in her income?

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          • #6
            I think the OP is wondering what will happen because FRO won't be able to take the deductions any more.

            Ever since my husband received his severance package 3 years ago, he has continued to make payments to FRO through his online banking.

            Isn't that what you're supposed to do?

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            • #7
              IF she wants to adjust the amount of child support with FRO to reflect the change in her income, then the easiest way is for both of you to sign a "Consent Motion to Change Child Support", Form 15D. She also is required to provide proof of what she claims.
              Search "Ontario Family Court Forms" and scroll down 'til you find 15D "Consent Motion to Change Child Support" and read it. That ONLY applies if both of you are agreeable to it. Until that form or a court order is made, she has to pay the amount that is with FRO until FRO is advised by the court that the amount has changed.
              If she is going to be unemployed any length of time, her lawyer (if she will be able to retain one) could seek "overpayments" from you -- as in, she overpaid the amount of child support and wants the difference back (I'm currently facing that with my ex), but that would probably only occur if you and she can't agree on what the child support will be.
              If you can't agree to sign a "Consent Motion to Change Child Support", then it will be Form 15 "Motion to Change" with Form 15A "Change Information Form" and Form 13 "Financial Statement". If your agreement/court order requires mediation first, then you have to try that, otherwise the case could be dismissed at the first case conference date.
              I filed a motion to change child support amount in February 2010. We have a settlement hearing early in November. So it takes a long time to get a resolution.
              FRO will seek the amount of child support on their records until the amount is changed through the courts. A letter to FRO directly from her isn't enough, as I understand the process anyway.

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              • #8
                Ok, I just learned she took what they call a "buyout". She still owes me money that the FRO took from me when I had custody of our child. And she is still in arrears with the FRO, as she did not pay child support for several months after the court order was issued. I wish this whole system was more user friendly.

                Does anyone know if I have to get a lawyer if it's tax deductable, since it has to do with child support.

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                • #9
                  Yes, legal fees paid to establish/enforce child support are deductible for the CS recipient. But I think you have to discuss this with your lawyer, because he/she might need to do some extra accounting/reporting for CRA. At least, that's what I've read (i.e. this is not based on first-hand experience).

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