Announcement

Collapse
No announcement yet.

Updating CS with consent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Updating CS with consent

    If you have a final court order saying you pay CS to your ex, and want to recalculate the next year and both parties agree to increase or decrease it based on the following year tax return what forms do you fill out to file with the court to update the order?

  • #2
    Are you with FRO? They should be able to help with the agreed amount.

    You could also do a 15c (I think thats the motion on consent). You sign, get it stamped and you’re done.

    If you arent with a maintenance agency, you simply agree and update the amount.

    Comment


    • #3
      Not with FRO. Form 15c doesn't work because it says you must go thru Ontario child support service. We cannot use this service because we are set-off.

      Is there another applicable form? Or does it have to be an application and an answer on consent?

      Comment


      • #4
        Originally posted by rockscan View Post
        If you arent with a maintenance agency, you simply agree and update the amount.
        Originally posted by SurftheWave
        Not with FRO
        Therefore...

        Originally posted by rockscan View Post
        If you arent with a maintenance agency, you simply agree and update the amount.

        Comment


        • #5
          but if it decreases from recalculation the previous order (which is higher) can be filed and enforced at a higher amount, correct?

          I want to update the order to what we agree on today, not on what the court ordered over a year ago.

          Comment


          • #6
            I was wrong, its a 14B order on consent. You both fill it out and file it for rubber stamping.

            If you don’t have an updated order and your ex decides to be a jerk and file for enforcement, they can do so with the old order.

            Comment


            • #7
              The process is archaic IMO. Child Support is supposed to be dynamic. If you are to do it the "right way", you submit a motion to change (form 14B mentioned above) and sign it on consent. Have a judge approve the order and it will be filled with FRO.

              The more reasonable approach is to adjust on what you both agree to and move on. Yes, your ex can file the old order and you will be enforced at that old order, but the relief available to you is to do the same process (motion to change, form 14B) and you ask for retroactive adjustment and provide evidence of your agreement. In general, retro-active claims go back 3 years, but think it would go further back if you have agreement over every year.

              Good luck, you are better to adjust amounts right away.

              Comment


              • #8
                Can you not use Form 15D Consent Motion to Update Child Support? (It is the form to simply update child support only on consent. 15C is if you want to change other things besides child support)

                We use 15D yearly.....BUT we are also through FRO.

                We would just fill out 15D (you need separate witnesses for your signatures)

                Then fill out 5 draft orders (form 25)

                And 2 pre-stamped/pre-addressed envelopes to each of you.

                Take it to the court clerk, Then a few months later you receive that new order you had wrote back in the mail from the court.

                Comment


                • #9
                  15D looks good for standard child support payments however if you are doing set-off amount it doesn't look too user friendly. I guess you could both fill out a form each since you are both paying each other CS and file 2x 15D's

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X