How Do I Make A Child Support Adjustments If I’m Paying Too Much?

March 28th, 2013 by John Schuman

How Do I Make A Child Support Adjustments If I’m Paying Too Much?

I believe I’m paying too much child support and want to know how to make a child support adjustment. Based on the average of my last 3 years income, according to the online government charts, I am paying approximately $100 too much every month. Do I have any recourse? Thanks for your help.

If you have checked the tables, and you are a salaried employee, then you probably have your child support right. If you are self-employed, calculating your income is significantly more complicated and it may not be worth it to try to change support for $100 per month. Also, you may have an obligation to contribute to special and extraordinary expenses, and if you are not, that might eat up the $100 per month. For more on special expenses, watch this video: child support in Ontario or read this page: what about my son’s hockey fees and my daughter’s daycare expenses.

child-support-adjustment-toronto

If you are overpaying support, and you are paying under an agreement, then you can renegotiate that part of the agreement, possibly using mediation or arbitration as a faster, less expensive way to resolve the issue. If you are paying pursuant to a court order, then there is a simplified process under Rule 15 of the Family Law Rules (English elaws) to change support. You file a Motion to Change Form and a Change Information Form, along with a new financial statement and 3 years of Notices of Assessment, with the court. You then serve those documents on your ex. The court will schedule a case conference or DRO. After that, you may go to a motion to have the judge decide what the appropriate level of support will be. To navigate this process, it is best to at least consult with a family lawyer. In addition, more information about child support, and more detailed instructions about how to change support, as well as more in-depth description of the court process, can be found in this $20 easy-to-understand book on Ontario Family Law: Devry Basics Ontario family edition.

For further information or assistance in regards to child support adjustments or family law, please contact Toronto employment lawyer John Schuman.


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