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    My husband moved to the U.S. to remarry, leaving me with custody of our two children. Ever since, he has paid me child support based on his U.S. gross income to Canadian gross income and use that amount to calculate support payments on the Canadian Child Support Guidelines chart? My children and I have remained residents if Ontario. Also, is any of the unpaid support payment due retroactively?
    Posted:
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    Yes, he has been underpaying because he must pay based on gross income, not
    his net income retroactive to the day he started underpaying, converted to Canadian
    currency. Moreover, since U.S. tax rates, the Child Support Guidelines demand that his
    U.S. income he "grossed-up" or recalculated to reflect the difference between the two tax
    rates so that he will be paying the same in child support as if he lived in Ontario. You
    need to see a family law lawyer and accountant to calculate the amount of the gross-up in
    his income. To enforce the amount not paid have the Ontario Director of the Family
    Responsibility Office (free of charge) enforce your agreement or court order in the state
    where he resides. They can suspend his driver's license or even incarcerate him. If your
    deal is only in the form of a written agreement you will first have to file it with your local
    Ontario Court of Justice under a prescribed court form and fill out a statement of arrears
    from the FRO director. Make sure you indicate that you want his U.S. income "grossedup" to account for the difference in tax rates.

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