When can spouse file application to vary support

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Ace

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TIMELINE:
Application to vary Aug 2011
We had court to vary support in Oct 2012.
Decision was Nov 2012.
Cost endorsement was Apr 2013.
This was a 21 month ordeal

My question is, "When can either party return to court to vary support again"?

The judge in this case let the old order stay in effect for 1 year after the order despite the obvious change in circumstances.....100+ k to no job.

If I get work and get taken back to court I will lose my job. No doubt in my mind. Negotiation only works when 2 parties are sincerely interested in peace and possess a "pinch" of fairness.
 
Ace, I hope this post means you might be soon successful in finding employment!

Although your crazy ex has nailed you completely on access/cs payments with no job, I think you are well aware of the cs table amounts. What does the decision say - future cs based on your current employment/financials?

Perhaps once you have finalized a position, it would be wise to send an email and voluntarily start paying cs at table amounts (or, at least, as much as you can).

I can't imagine, but I'm sure given how long you were left behind the family law 8-ball, you've accumulated debt in being forced to make incorrect cs payments. I'm not sure that that debt though, would not obligate you to pay cs at table amounts once you have employment.

Good luck, I hope things are looking up for you.
 
My offer was to pay based on min wage. The court agreed. It took 2o months wire to wire to vary. She wanted an increase over original order if you can believe that. She was extremely unreasonable. The courts had a chance to send a message via cost order but they decided on a modest amount less than 10% of all my cost orders .....and I was reasonable.

I am interviewing regularly and anticipate income soon. Frankly, if she takes me back to court I am convinced I will be stick handling to keep the job again.
I had to pay CS as though I was working for 18 months after I lost my job and 1 yr after the original order.
Financially speaking it is like trying to bail out your boat with a coffee cup while the courts and xwife poke holes in the boat.
When I get work I would like to know how long before she makes an application to vary. I will pay table amount again but I should get 1 year after getting employment to dig myself out. She wont think thats fair hence court is our only option.
 
Ace said:
TIMELINE:
Application to vary Aug 2011
We had court to vary support in Oct 2012.
Decision was Nov 2012.
Cost endorsement was Apr 2013.
This was a 21 month ordeal
Click to expand...

Question: Was there a case conference or any "conference" between bringing forward the Application (Form 15) to vary child support and October of 2012?

Ace said:
My question is, "When can either party return to court to vary support again"?
Click to expand...

When there is a material change in circumstance. (Loss of employment, or a significant change in income, etc...)

Ace said:
The judge in this case let the old order stay in effect for 1 year after the order despite the obvious change in circumstances.....100+ k to no job.
Click to expand...

I don't understand what you mean by this ^^^ statement. Could you please clarify.

Ace said:
If I get work and get taken back to court I will lose my job. No doubt in my mind. Negotiation only works when 2 parties are sincerely interested in peace and possess a "pinch" of fairness.
Click to expand...

Well, a better pattern to follow which is what the court expects of all litigants is to leverage Rule 18 of the Family Law Rules. ("Offer to Settle") And to do this PROPERLY.

Prior to either you or the other party bringing an Application (Form 15) you should be serving a comprehensive and detailed offer to settle in accordance with Rule 18.

Why do this you may ask?

Simple. Once an Application is made the matter has to go to a "Case Conference" prior to hearing on a motion. This is a mediated opportunity with a judge to settle matters or move them forward.

One thing you can do and is requested of you as a litigant is to attach to your "Case Conference Brief" is any offers to settle you have made with regards to the matter.

Bingo. You can attach the already and outstanding offer to settle. It actually gives the justice something to work with. If the other party is high conflict, their brief will more than likely be a multi-page nightmare of allegations that can't be addressed at a conference. You will easily demonstrate, if your offer is reasonable, who the highly conflicted party is. No matter how much they put into their Case Conference Brief about how awful and "cheap" you are.

The judge will then, as required, tell the parties who they would rule if the matter was before them on motion. Listen to this carefully. Take notes!

If the matter isn't settled as a result first request from you should be a "Settlement Conference" be scheduled and endorsed next. Failing this and the justice moves matters to a motion, request that the motion be made preemptive on both parties. Then request that the costs for the Case Conference be endorsed and to be determined by the motions judge.

You want to avoid going back to court. Be reasonable, make a solid offer to settle and do it before the explosion happens.

If you are being reasonable and the other party is not it will possibly end at a case conference if the offer is not accepted. If the other party is being unreasonable then you have a standing offer that can be used to determine costs against the other party. (That is under the assumption you are being reasonable.)

Many people do not leverage Rule 18 in a positive way. It is unfortunate as it can often curb a matter from going into meltdown.

Remember, costs can be calculated to the date of service on the offer to settle. Also remember to always ask for costs when going before a judge.

Good Luck!
Tayken
 
Ace said:
When I get work I would like to know how long before she makes an application to vary. I will pay table amount again but I should get 1 year after getting employment to dig myself out. She wont think thats fair hence court is our only option.
Click to expand...

You don't wait Ace. As soon as you know you are starting a new job you write up an offer to settle in accordance with Rule 18 and serve this on the other party. You outline the adjustment to the child support payment against table amounts. You attach evidence to your employment (letter from your employer) and set out your entire position.

To your bold point. Drop that notion now that you should have a year to recover. You won't win that argument in any court in my opinion and it would be unwise to bring that as an argument before any court.

Good Luck!
Tayken
 
Thank you for your input Taken.
To answer your above questions. There were several case conferences and settlement conferences, motions, long motions and contempt motions. It was a travesty. She threw every thing she had in the path to block or delay the application.

Change in circumstances? I lost my job during trial in Mar 2009. Order was made to pay based on 2008 income. We lost badly. Lawyer walked away with $250k. X wife got the rest. We appealed order in 2010. Won about 30 k back but still cost me in lawyer fees. Did not get ahead. Lawyer quit spring of 2011. I decide to do variance on my own. This took 21 months.
I made several offers to settle each time we had a conference. My offer was better than the judges decision. Her contempt motions were defeated. In the end I am awarded a small cost award of $4500.
The judge did go retroactive (to Oct 2010) but not closer than 1 yr from the order (Sept 09) hence I paid CS on 105 k even though I had no income. I did this from Mar '09 to Sept '10 (19 months).
If I find work I should be given one year grace as well. I will take your advice and make an offer under rule 18 prior to bringing an application. I will ask for 1 yr though based on our history. That is a reasonable position in our case.
 
You can ask for a year grace, but you'll never get it and it will just bring more conflict. Your ex doesn't seem like she is willing to give it to you and no judge would allow it. The judge already went back retroactively to reimburse you, although not to the beginning, but as far back as he was willing to go.

Although it may be reasonable in your case, family law is usually not.

Hopefully you'll get a good job soon. Once it starts, you should contact your ex with the financials and start paying cs based on that.
 
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