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Old 01-05-2013, 04:43 PM
Suzie Suzie is offline
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Default Motion to change, want opinions

Hello all again.

I would like opinions and perhpas negotiation ideas in the following situation :

A year ago, I obtained a court order for CS payments through FRO (as he wasnt paying). In February 2012 (2 months later), the monthly amount was 414$. Two months later, (tax season), that amount should have been changed to 297$ monthly according to our T4. He didn't bother to change the court order.

I have now received, through registered mail, his motion to change forms. Wants 297$ monthly, retro. No problem. (But the amount will need to change again in April lol)

My issue is with extra expenses. In the last years, he has paid ZERO in school supplies, music lessons, sports equipment, etc. Orthodontics will soon start, and I suspect he will pay none of that as well.

This little monthly amount is, in my opinion, not worth my time, attention and stress. What is the worse case scenario if I just ignore it? Am I justified in just ignoring it or signing consent, even if he doesn't pay a dime in other expenses? After legal costs, I doubt I would even break even, if I do fight this.

If I do decide to give this situation some attention, any ideas into the negotiating of extra expenses? (No success at negotiating in the past).

All thoughts are welcome, even Dr. Phil.
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Old 01-05-2013, 05:03 PM
JB514 JB514 is offline
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The way my changes are done -
My court order states that on the anniversary of this court order I (the payor) to provide her (the recipient) with my financial info : NoA for the last year, financial statements.

My Court order was issued in Nov. therefore, it does not make sense if I go to change it again in april. As it was explained to me, a year has to pass with payments equal to those in court order, since that income was received for 12 months = 12 months of payments, regardless of tax season.

Last edited by JB514; 01-05-2013 at 05:07 PM.
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Old 01-05-2013, 06:26 PM
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billm billm is offline
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School supplies are covered by CS - he already paid his portion for those.

Music lessons and sports may also be covered by CS. It depends on your COMBINED incomes, and if considering that income, is it an extraordinary expense?

If it is extraordinary, then he has a right to say no to it. If it is not extraordinary, then he has already contributed via CS.

Braces are not covered by CS and he has to pay in proportion to your incomes.
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Old 01-06-2013, 12:00 PM
Moolight Moolight is offline
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Actually, OP has offset CS. In that case when the custody is shared that will also mean that the expenses are shared.

What is the point of off-set CS if one parent has all the expenses.

I beleive that you may have a case that either the CS is not reduced or he start paying his share of expenses.
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Old 01-06-2013, 03:39 PM
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Quote:
Originally Posted by Moolight View Post
Actually, OP has offset CS. In that case when the custody is shared that will also mean that the expenses are shared.

What is the point of off-set CS if one parent has all the expenses.

I beleive that you may have a case that either the CS is not reduced or he start paying his share of expenses.
Well, in the case of offset CS, all CS covered expenses not associated with one household should be split 50/50. School supplies should be split 50/50 - but so should other expenses - perhaps the OPs ex feels they are contributing in other areas.

So the question remains if the music lessons and sports are extraordinary or not. If extraordinary, he does not have to contribute if he does not want to, if not extraordinary, he should contribute 50%. I have offset CS, but my ex does not contribute to hockey and other sports, which I believe she should - she says it is extraordinary and contributes nothing.

Braces are not covered by CS, so that cost should be shared in proportion to income (not necessarily 50/50).
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