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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 01-20-2022, 07:26 PM
helenj helenj is offline
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Default Material change to Child Support

Hi all,

I want to include the below in my offer, but my lawyer doesn't think it's necessary.

Would love your thoughts!

70. A material change in the condition, means, needs or other circumstances of the parents or children may be foreseen or unforeseen, foreseeable or unforeseeable, and may include:
a. a material change in either party's financial position (beginning in 2022);
b. change causing undue hardship for either party or the children;
c. change in a child’s special or extraordinary expenses;
d. change in a child’s residence that affects the amount of child support under the Guidelines;
e. child turning 18 years of age;
f. child finishing his or her first degree or diploma; or
g. change in a child’s need for support.
h. There shall be no obligation to pay for the children’s post-secondary education, or living expenses when the child is living away from home to attend post-secondary education.
i. During the months when a child is attending post-secondary education (typically September through April), payor may reduce their child support payments to recipient up to 50% by contributing an equal amount to support the child’s education or living expenses when living away from home.
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  #2  
Old 01-20-2022, 07:53 PM
pinkHouses pinkHouses is offline
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[QUOTE=helenj;248962]
70. A material change in the condition, means, needs or other circumstances of the parents or children may be foreseen or unforeseen, foreseeable or unforeseeable, and may include:
[Quote]
Change "may" to "will"

Quote:
Originally Posted by helenj View Post
a. a material change in either party's financial position (beginning in 2022);
a material change of a material change?

Quote:
Originally Posted by helenj View Post
c. change in a child’s special or extraordinary expenses;
so if your kid goes takes up hockey you want to go all legal?

Quote:
Originally Posted by helenj View Post
d. change in a child’s residence that affects the amount of child support under the Guidelines;
"A change in the child's residence."

Quote:
Originally Posted by helenj View Post
e. child turning 18 years of age;
f. child finishing his or her first degree or diploma; or
g. change in a child’s need for support.
not to be put in.

Quote:
Originally Posted by helenj View Post
h. There shall be no obligation to pay for the children’s post-secondary education, or living expenses when the child is living away from home to attend post-secondary education.
That makes zero sense to me.

Quote:
Originally Posted by helenj View Post
i. During the months when a child is attending post-secondary education (typically September through April), payor may reduce their child support payments to recipient up to 50% by contributing an equal amount to support the child’s education or living expenses when living away from home.
Not going to fly.

Some of that stuff just doesn't make sense to me. Some of it was in my court order.
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Old 01-20-2022, 09:23 PM
rockscan rockscan is offline
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Ya not necessary and the last two are ba. if your kid goes away to school you arent paying? Wont pass court.
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Old 01-21-2022, 11:08 AM
Brampton33 Brampton33 is offline
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I question if any of this is necessary. CS is based on Lines 150 exchanged annually. Section 7 is proportionate to incomes as per Line 150. You pay CS as long as child is considered a dependent.
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Old 01-21-2022, 11:37 AM
rockscan rockscan is offline
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Quote:
Originally Posted by Brampton33 View Post
I question if any of this is necessary. CS is based on Lines 150 exchanged annually. Section 7 is proportionate to incomes as per Line 150. You pay CS as long as child is considered a dependent.

Some agreements have this clause as a means of dealing with changes in circumstances like losing a job, a child needing additional s7 items etc. It covers off the unexpected changed that happen over a childs life and the life of the agreement.

As an alternative, under the annual update to ca clause you could simply add another clause that runs along the lines of should either party experience a change in income outside of the annual review which requires an immediate update, both parties agree to update support and s7 amounts and modify accordingly. Each parties agrees to follow this formula to update going forward.

Technically cs should update when incomes/status changes but not many people have so many changes in their career.
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Old 01-21-2022, 12:40 PM
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Tayken Tayken is offline
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Minimal clutter in agreements... The qualifications and what defines a material change is known. Lawyer doesn't want to include this because... if there is a change in law then the contract overrides the change possibly. Meaning, if there is a change to the benefit of their client in the future this clause may muck it up.

As well, to everyone's point above where they say... but, its simple... this is how it is done... They are correct. You shouldn't clutter agreements with complexity when it is "natural" to the law to do something...

Its like saying...

1. The parents shall pay child support.

Chris rock says... YOU ARE SUPPOSED TO!
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