Changing CS amount

court

court

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I received my ex's financial statements and he is underpaying CS. We go through FRO so I need to bring this information to the court in the form of a motion (?). I am looking at the Consent Motion to Change Child Support form (15D) but it requires that I have him consent to the change. He won't. What other way do I go about this. There must be another form that I can just fill out, provide his income statements and have it adjusted and sent to FRO for deduction.
 
court said:
I received my ex's financial statements and he is underpaying CS. We go through FRO so I need to bring this information to the court in the form of a motion (?). I am looking at the Consent Motion to Change Child Support form (15D) but it requires that I have him consent to the change. He won't. What other way do I go about this. There must be another form that I can just fill out, provide his income statements and have it adjusted and sent to FRO for deduction.
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What does your Separation Agreement say?

If your SA says you will have an annual review where you get the income tax return or the notice of assessment, thats what you need to enforce. Mine has a defined process, including mediation for this.

If you don't have that, and he doesn't consent, then you will have to go to court.
 
My SA didn't say anything about an annual adjustment. X refused to increase, so I had to file a Motion to Change and go through the court process (still on-going - started this in January).
 
My SA says that every year on July 1st he is to provide me with financial disclosure (t4, gov assessment and most recent paycheque), I received it and he is underpaying child support by a lot and has a lot more in arrears. So my question is: How do I go about getting the CS adjusted? What forms do I fill out? We go through FRO so it's not as simple as he and I just agreeing on new table amount ourselves. He wouldn't do that anyway, sadly I have to fight him for every dollar when it comes to our child.
 
If he won't agree to change the amount/sign Consent to Change, then I believe you will have to file and serve a Form 15 Motion to Change and 15A (if you don't want to go through a lawyer). Don't forget to ask for costs.
 
Qrious said:
If he won't agree to change the amount/sign Consent to Change, then I believe you will have to file and serve a Form 15 Motion to Change and 15A (if you don't want to go through a lawyer). Don't forget to ask for costs.
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Correct, a friend of mine just filed a motion to change, 15 and 15 a, you will also need to file an updated copy of Financial statement 13.1. You file it, then you have to special serve your ex, you can not serve it yourself. When you serve it, you will also need to provide them with blank copies of 15b Response to Motion to Change. Once its served, the affidavit of service needs to be filed with the court.
 
takeontheworld said:
Correct, a friend of mine just filed a motion to change, 15 and 15 a, you will also need to file an updated copy of Financial statement 13.1. You file it, then you have to special serve your ex, you can not serve it yourself. When you serve it, you will also need to provide them with blank copies of 15b Response to Motion to Change. Once its served, the affidavit of service needs to be filed with the court.
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Question, Court - do you and X pay off-set CS or is he NCP and paying full table? If he pays full table and you're only asking for increase in CS, you will not have to fill out a 13.1. If it's off-set or you are asking for section 7 or SS, then you DO have to fill out a 13.1.
 
You guys/gals are so great. Thank you again for leading me in the right direction. I do plan to ask for assistance with piano expenses so I guess i will be filling out a 13.1 as well. Much appreciated!
 
Qrious said:
Question, Court - do you and X pay off-set CS or is he NCP and paying full table? If he pays full table and you're only asking for increase in CS, you will not have to fill out a 13.1. If it's off-set or you are asking for section 7 or SS, then you DO have to fill out a 13.1.
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This is exactly what I have been searching for. Is this written somewhere official that I can refer to. Ex's lawyer is asking that my motion be stayed based on the fact I did not submit a 13.1 with the motion to change forms. I understood that as this was child support and the ncp pays full table CS that its about his NOA and T4 's. My motion to change CS is based on the last 3 years of NOA being witheld and now finally we have them it appears ex has been omitting certain amounts of his income and has underpaid CS.

It would be nice to be able to quote some FL rule etc.

Thanks.
 
Wow, Beachnana. You pulled me out of OttawaDivorce retirement with this. I was reading the thread and dont even remember saying those things! lol. Let me see if I can find where I got that from. Seems like so long ago. :)
 
So what I have found so far, just by looking at form 13.1 itself, is it says to NOT use that form unless you are asking for exclusive use of matrimonial home OR you are not making a claim for property....
13.1 USE THIS FORM IF:
you are making or responding to a claim for property or exclusive possession of the matrimonial home and its contents; or
you are making or responding to a claim for property or exclusive possession of the matrimonial home and its contents together with other claims for relief.
DO NOT USE THIS FORM AND INSTEAD USE FORM 13 IF:
you are making or responding to a claim for support but NOT making or responding to a claim for property or exclusive possession of the matrimonial home and its contents."
Maybe the lawyer meant a Form 13? (which I know I filled out, even though my financial situations made no difference to the table amount for CS that X had to pay)
Edited: I just found something on the Law Society of Upper Canada website that says a 13.1 is always used in Superior Court of Justice (Ontario Court Form 13 is listed always used). http://www.lsuc.on.ca/For-Lawyers/M...nancial-Statement-under-the-Family-Law-Rules/
 
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