Child support over payment
- Thread starter cashcow4ex
- Start date
Child support over payment
No FRO will not do anything.
Reducing your cs in absence of a new order will not solve the problem either.
If she is refusing to produce financials you need to file a motion to change child support. Included in that filing will be a request for updated financials.
Stop stalling and file the paper work. You can also send her an email stating that as she has failed to supply updated financials you will be requesting that the overpayment be considered insurance against future cs owing including interest.
No FRO will not do anything.
Reducing your cs in absence of a new order will not solve the problem either.
If she is refusing to produce financials you need to file a motion to change child support. Included in that filing will be a request for updated financials.
Stop stalling and file the paper work. You can also send her an email stating that as she has failed to supply updated financials you will be requesting that the overpayment be considered insurance against future cs owing including interest.
Thanks rockscan! My only reason for “stalling” is that we have a very lengthy dispute resolution clause that requires us to mediate first.
I have already sent an email saying she is violation of our agreement (to exchange yearly financials) and I now have her written response acknowledging she won’t provide them until I pay for soccer (which in our case is NOT a section 7 expense).
I have already sent an email saying she is violation of our agreement (to exchange yearly financials) and I now have her written response acknowledging she won’t provide them until I pay for soccer (which in our case is NOT a section 7 expense).
Most agreements have a mediation clause which is worthless as my partners lawyer said.
Exchanging financials doesn’t fall under mediation as she is obligated to share financials every year. File for disclosure and go from there. She can argue soccer is a s7 and get shot down.
Make sure you advise you will also request costs and to have an income imputed to her if that will light a fire under her.
Exchanging financials doesn’t fall under mediation as she is obligated to share financials every year. File for disclosure and go from there. She can argue soccer is a s7 and get shot down.
Make sure you advise you will also request costs and to have an income imputed to her if that will light a fire under her.
Janus
New member
I think FRO will follow the court order. In your case, that evidently has you paying a lot more, so you are going to have to get it changed.
Not paying June was a mistake, given your massive income drop. You want clean hands here, since you are likely at great risk of having income imputed to you. Take your current income, add 5% to hers, and then pay that amount.
Dear ex,
My income for child support purposes is X
Assuming you got a 5% raise, your income for child support purposes is Y
According to our agreement, we are paying offset support, so I owe you X-Y per month, when can we meet so I can give you the cheques (or... I have transferred the amount to your account, whatever you do)
You still have an obligation to provide me financial disclosure on a yearly basis, and if there is an overpayment of CS I intend to retrieve those funds with interest, and I intend to recover costs from you for the motion required to compel your disclosure.
5% is too high, but is not ridiculously high. It encourages her to provide disclosure, while not making you look like a complete ass.
Not paying June was a mistake, given your massive income drop. You want clean hands here, since you are likely at great risk of having income imputed to you. Take your current income, add 5% to hers, and then pay that amount.
Dear ex,
My income for child support purposes is X
Assuming you got a 5% raise, your income for child support purposes is Y
According to our agreement, we are paying offset support, so I owe you X-Y per month, when can we meet so I can give you the cheques (or... I have transferred the amount to your account, whatever you do)
You still have an obligation to provide me financial disclosure on a yearly basis, and if there is an overpayment of CS I intend to retrieve those funds with interest, and I intend to recover costs from you for the motion required to compel your disclosure.
5% is too high, but is not ridiculously high. It encourages her to provide disclosure, while not making you look like a complete ass.
Thanks Janus,
Last night I did exactly what you explained in your post (I just didn't write the email). I assumed a 5% increase on her income and deposited the new estimate into her account. The payment was actually only 3 days late as our arrangement is the 15th of the month (not the 1st).
I still would like to know which form to use as I have never "filed a motion".
Last night I did exactly what you explained in your post (I just didn't write the email). I assumed a 5% increase on her income and deposited the new estimate into her account. The payment was actually only 3 days late as our arrangement is the 15th of the month (not the 1st).
I still would like to know which form to use as I have never "filed a motion".
Janus
New member
Why the rush? Let her file with FRO first, so that she can be the one to instigate the conflict. Then you try to change things on consent, then you go to court. Your reason for going to court is "she reported me to FRO, which is ridiculous because my income went down and she won't even tell me her income!". No need to go to court right away, let her be unreasonable first.
Alternatively, she doesn't file with FRO, you pay the new amount, and you're happy.
I don't see how rushing to court helps you here at all.
Alternatively, she doesn't file with FRO, you pay the new amount, and you're happy.
I don't see how rushing to court helps you here at all.
Well my comments are if you are concerned about the amount and she files with FRO.
Once your file is with FRO you cant change it without an order either agreed or by judgement.
You could try the advice about adding the 5% and see where it goes but eventually you are going to have to force her to disclose.
Once your file is with FRO you cant change it without an order either agreed or by judgement.
You could try the advice about adding the 5% and see where it goes but eventually you are going to have to force her to disclose.
mom22girls
New member
It’s my understanding from my lawyer, that if your income is variable, child support is an average of a few years income.
I agree with the above, keep paying it until you have a signed agreement or court order stating otherwise, or it could come back to haunt you on court.
Sent from my iPhone using Tapatalk
I agree with the above, keep paying it until you have a signed agreement or court order stating otherwise, or it could come back to haunt you on court.
Sent from my iPhone using Tapatalk
She can't have it both ways. When I got the bonus, I did not ask for an average, I told her (and her lawyer) in writing over a year ago that it was a 1-time bonus, and I paid the increase in CS. The only reason the high amount is in our agreement is that I got rid of spousal support (yeah for me!). When we amended the old agreement to include the spousal support release, the current income figures went in.
To put things into perspective for everyone reading:
Her last reported income = $130,000
My last reported income = $280,000 (usually $200,00)
We should be back to paying the offset of $200k - $130K = $513/month
At Janus' suggestion, I made a $520 payment (instead of $1,140)
To put things into perspective for everyone reading:
Her last reported income = $130,000
My last reported income = $280,000 (usually $200,00)
We should be back to paying the offset of $200k - $130K = $513/month
At Janus' suggestion, I made a $520 payment (instead of $1,140)
I was expecting the backlash regarding my income. And yes, I have a very good lawyer to call. Even though you are judging and rolling your eyes, it was this forum that gave me a variety of ideas that saved my butt 2 years ago. It was the suggestions on this forum that helped me get rid of SS 10 years earlier than the separation agreement stated. I took the knowledge I learned here to my lawyer. She said I was easy to work with because I had a solid plan that I believed in and it made her job easier because I wasn't flip-flopping all over the place.
2 years ago Tayken raked me over the coals for how "stupid" I was to sign the agreement I did. Well... I got out of it.
I don't think I need to explain how bat-shit crazy exes can be. Mine is more entitled than any person I have ever met. All of her problems are my fault even during our marriage and the FIVE years we've been apart. With respect to the $6k "overpayment" of CS... no, it's not going to break me. I know my ex. When it comes to saving money, she can't. Another fact to ponder. She walked away 5 years ago with $200k cash. She is currently $30k in debt with nothing to show for it except her pension. I save everything for my daughter's university because even though my ex will have to pay 40%, I know she won't. I am prepared for that.
Also, I'm not looking for a bride. I have a wonderful new partner and step-daughter of 4 years.
So make your jokes and criticise... I don't care... just keep the advice coming!
arabian
New member
Hey Anonymous - good to hear you ended your SS earlier than you originally had agreed to. Actually I think it was me who "raked you over the coals" WRT the agreement you had signed at the time.... Tayken was quite nice to you.
You mention that your ex threatened to get FRO involved.
I'd recommend that you don't look at FRO as a threat but instead beat her to it. File with FRO yourself. Fill out their forms and let the "free" service assist you. I believe they may compel her to provide financial disclosure. Problem is though, you will not be privy to that info. However, it would be fun for you to go through the process and then file a motion requesting financial disclosure.
Many people don't realize that EITHER party can file with a maintenance enforcement agency. In going through one of these you never have to talk money with your ex... she/you get your money through them.
Oh and the initial wait with FRO for her to receive money will drive her batty.... Another bonus is that when you enroll with FRO you are not allowed to pay her directly anymore. In Alberta you are actually fined if you do that once you file with MEP.
You mention that your ex threatened to get FRO involved.
I'd recommend that you don't look at FRO as a threat but instead beat her to it. File with FRO yourself. Fill out their forms and let the "free" service assist you. I believe they may compel her to provide financial disclosure. Problem is though, you will not be privy to that info. However, it would be fun for you to go through the process and then file a motion requesting financial disclosure.
Many people don't realize that EITHER party can file with a maintenance enforcement agency. In going through one of these you never have to talk money with your ex... she/you get your money through them.
Oh and the initial wait with FRO for her to receive money will drive her batty.... Another bonus is that when you enroll with FRO you are not allowed to pay her directly anymore. In Alberta you are actually fined if you do that once you file with MEP.
cashcow4ex
New member
Its neither here nor there what someone earns as a living. Its still their earnings. I make a decent wage but doesn't mean I would give my ex one nickel more than she is entitled too. That's a ball you sure as hell don't want to get rolling! $6,000 this year turns into them trying for $10,000 next year.
Janus
New member
It wasn't meant as backlash. I just meant that I'm not a lawyer so I'm not sure if my advice should be taken over that of a real lawyer. If you can't afford a lawyer, then my advice might be the best you have, but that's not the case for you.
And as piggy said, paying extra undeserved money to an ex is annoying. To be clear, I'm not saying you should pay more indefinitely, I'm just saying that if you are going to court anyway, might be worth it to walk in with, as I've already mentioned, the proverbially clean hands.