Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 08-08-2019, 04:35 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 657
iona6656 is on a distinguished road
Default Child support variability clause?

My ex's offer says the following:


....
Child support shall also be variable in the event of a material change in circumstances of either the Applicant, the Respondent or D2 that would affect child support.

A material change in condition, means, needs or other circumstances of the parents or children may be foreseen or unforseen, foreseeable or unforseeable, and may include:

(a) a material change in either party's financial position;

(b) a change in undue hardship for either party or D2;

(c) a change in D2's special or extraordinary expenses;

(d) a change in D2's residence that affects the amount of child support under the Guidelines;

(e) a child turning 18 years of age; or

(f) a change in the child's need for support.

35. Whoever seeks a change will give the other, in writing;

(a) notice of the proposed change;

(b) evidence support the proposed change; and

(c) any request for information necessary to determine the issue.

....



This is all garbage right? I'm striking the entire section. If there is a material change- either party may seek to alter child support with the courts.
Reply With Quote
  #2  
Old 08-08-2019, 05:43 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,258
Berner_Faith will become famous soon enough
Default

I wouldnít really say itís garbage... all itís doing is outlining what may constitute a material change that would effect CS... other than the extraordinary clause because those are separate from CS, I donít see any real problems. Why do you disagree with these points?


Sent from my iPhone using Tapatalk
Reply With Quote
  #3  
Old 08-08-2019, 06:12 PM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,509
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by Berner_Faith View Post
I wouldnít really say itís garbage... all itís doing is outlining what may constitute a material change that would effect CS... other than the extraordinary clause because those are separate from CS, I donít see any real problems. Why do you disagree with these points?


Sent from my iPhone using Tapatalk
I thought the same, that all he is trying to do is cover his bases.
Reply With Quote
  #4  
Old 08-08-2019, 07:09 PM
cranberry cranberry is offline
Junior Member
 
Join Date: Jul 2019
Posts: 22
cranberry is on a distinguished road
Default

Isn't this fairly standard in separation/parenting agreements. I have two that have this clause. Each of them also states that cs continues until the first post secondary diploma has been completed.
Reply With Quote
  #5  
Old 08-08-2019, 07:22 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,657
arabian will become famous soon enough
Default

Quote:
Originally Posted by iona6656 View Post
My ex's offer says the following:


....
Child support shall also be variable in the event of a material change in circumstances of either the Applicant, the Respondent or D2 that would affect child support.

A material change in condition, means, needs or other circumstances of the parents or children may be foreseen or unforseen, foreseeable or unforseeable, and may include:

(a) a material change in either party's financial position;

(b) a change in undue hardship for either party or D2;

(c) a change in D2's special or extraordinary expenses;

(d) a change in D2's residence that affects the amount of child support under the Guidelines;

(e) a child turning 18 years of age; or

(f) a change in the child's need for support.

35. Whoever seeks a change will give the other, in writing;

(a) notice of the proposed change;

(b) evidence support the proposed change; and

(c) any request for information necessary to determine the issue.

....



This is all garbage right? I'm striking the entire section. If there is a material change- either party may seek to alter child support with the courts.
I agree with you. I've no experience with child support issues but with other court documents. This one seems to be "stretching" things. Perhaps nicely suggest he keep it for his personal point of reference but you opt to go by family law & precedent?
Reply With Quote
  #6  
Old 08-08-2019, 07:52 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,554
rockscan will become famous soon enough
Default

This is almost exactly the wording in my husbandís agreement. Its pretty standard. His ex argued that losing his job was not a material change and the lawyer advised that it doesnít matter what your agreement saysóincome and living situation of the child dictates cs changes.

If it is going to stall things donít strike it. Its not the hill to die on.
Reply With Quote
  #7  
Old 08-08-2019, 08:51 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 657
iona6656 is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
This is almost exactly the wording in my husbandís agreement. Its pretty standard. His ex argued that losing his job was not a material change and the lawyer advised that it doesnít matter what your agreement saysóincome and living situation of the child dictates cs changes.

If it is going to stall things donít strike it. Its not the hill to die on.


My lawyer struck it. He said itís garbage too. If a party has a material change - they can make the arguments to the court. Putting it in the agreement just allows him to do so unilaterally as long as he gives me ďevidenceĒ which hasnít been tested.

If they say something has to be in there. Iím going to add a clause that says any change has to be jointly agreed to by both Parties or ordered by the courts. Sure all those things may be valid- IF a court says they are.
Reply With Quote
  #8  
Old 08-08-2019, 08:54 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 657
iona6656 is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
I agree with you. I've no experience with child support issues but with other court documents. This one seems to be "stretching" things. Perhaps nicely suggest he keep it for his personal point of reference but you opt to go by family law & precedent?


Stretching is a nice way of putting it. He wants to be able to change CS without having to go to court.
Reply With Quote
  #9  
Old 08-08-2019, 08:56 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,258
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by iona6656 View Post
Stretching is a nice way of putting it. He wants to be able to change CS without having to go to court.


My husband has changed child support for the past ten years without going to. Why would you have to go to court to change it? You do realize even without these clauses, if any of those clauses do happen CS will change right? This is actually super common in agreements and youíre making a mountain out of a molehill


Sent from my iPhone using Tapatalk
Reply With Quote
  #10  
Old 08-08-2019, 08:57 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 657
iona6656 is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
...the lawyer advised that it doesnít matter what your agreement saysóincome and living situation of the child dictates cs changes.


Which strengthens my argument that we shouldnít put things in there that wouldnít hold up in court.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
No "accountability" on child support - thoughts ? shellshocked22 Financial Issues 51 12-16-2013 10:55 AM
Child Support and Spousal Support BobbyShaftoe Introductions 14 04-26-2012 01:52 AM
When child support ends... paris Financial Issues 3 04-23-2010 10:04 PM
Offer to Settle Child Support - Is This Fair? #1StepMom Divorce & Family Law 4 10-27-2009 07:50 AM
Will I be Paying Spousal Support? North of You Financial Issues 5 10-21-2009 03:05 AM


All times are GMT -4. The time now is 12:28 PM.