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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 09-07-2016, 10:20 PM
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Quote:
Originally Posted by blinkandimgone View Post
I take it she didn't show up?

Consider registering with FRO to ensure payment and have the amount adjusted once she discloses her income.
She did not show, it was same judge I had few weeks ago in an fcc dealing with access order with ex mother inlaw heh, so if he remembered me and the case I am sure he was not surprised she did not show up, and he did not really ask any details, it was quick.

Yes I guess I will go online and see if I can get something started with the family maintenance program before I even get my order in the mail.

I will most surely have to deal with the ex not filing, or filing improper financials, so I guess if its not filed after the deadline the next step is for me to make another motion for something....or maybe the court will keep bugging her on their own...which I doubt. Oh well something is better than nothing.

Last edited by undersc0re; 09-07-2016 at 10:24 PM.
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Old 09-08-2016, 12:38 AM
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Make sure eventually income is imputed according to the text messages. I don't like that the judge discounted both your testimony and the text messages. The only saving grace is that it was an interim judgement and essentially unappealable....


The judgement now I imagine is an interim judgement but there will still be a final judgement.
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Old 09-08-2016, 12:55 AM
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Is that minimum wage? Good start. Now find out how much she really makes. I think she will have to provide you with financial statements and tax returns and paystubs and such now that she has an obligation to pay child support to you.
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Old 09-08-2016, 01:21 AM
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Originally Posted by Links17 View Post
Make sure eventually income is imputed according to the text messages. I don't like that the judge discounted both your testimony and the text messages. The only saving grace is that it was an interim judgement and essentially unappealable....


The judgement now I imagine is an interim judgement but there will still be a final judgement.
Yes interim, not sure when a final would be made, maybe in the seperation agreement, or maybe when all proper paperwork is filed, or we both consent. Sometime next year when I can afford a lawyer to clean the situation up and help me along and I have her financials things will hopefully work out. Lawyers costs scare the heck out of me, I would hate to see what a long trial would cost in supreme court.

Edit: would it be ok to go back later if she does not file financials and ask for the amount she texted me? The judge already smirked at me in disbelief when those were mentioned to him and stated how he finds it hard to believe.

Last edited by undersc0re; 09-08-2016 at 01:56 AM.
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Old 09-08-2016, 01:24 AM
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Originally Posted by trinton View Post
Is that minimum wage? Good start. Now find out how much she really makes. I think she will have to provide you with financial statements and tax returns and paystubs and such now that she has an obligation to pay child support to you.
I am not sure what the judge based it on, but I based my estimate of her income on min wage. Hopefully the maintenance program can get her financial info through the courts if she does not provide it to me, the judge said a letter will be mailed to her demanding her proper and full financial information.
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Old 09-09-2016, 12:37 AM
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Quote:
Originally Posted by undersc0re View Post
I am not sure what the judge based it on, but I based my estimate of her income on min wage. Hopefully the maintenance program can get her financial info through the courts if she does not provide it to me, the judge said a letter will be mailed to her demanding her proper and full financial information.


She has to share her financial disclosure with you since she now has an obligation to financially support her child (child support).


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Old 11-06-2016, 10:36 PM
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Originally Posted by trinton View Post
She has to share her financial disclosure with you since she now has an obligation to financially support her child (child support).


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So the judge made an order and mailed to my ex(since she did not show in court) to complete and file with the registry of the court, and deliver to myself a sworn financial statement in form 4 of the provincial court (family) rules, including all attachments listed on page 2 of that form on or before oct-5-2016, also added as well was child support to be paid which he figured out based on minimum wage.

She has failed to produce the documents to me and I assume the courts as well. Even thought I reminded her and asked her for at least the last tax return so I can take it to court for her and have an order for child support made that reflects something it should.

I filed the order with fmep immediately and she was furious, but she is paying, albeit always late and way behind already. No idea why someone would not be willing to pay $181 a month for their kids, especially after not having to pay anything for past 3 years. The process with the fmep agency though was extremely smooth and fast!

So how do you get a simple full and proper financial information from someone that avoids court and orders etc...the day I was getting this order there was a case there where a guy had been delaying it 12 years for proper disclosure.

I am happy I am at least getting something, would the judge take my texts seriously this second motion about the child support, should I give it a few more months before going back? I will most likely assume lost wages to sit in court all day, so it has to be worth it! I would rather get her financial disclosure rather than use my texts.

In a child support order for family maintenance enforcement agencys, can I ask the judge to put some sort of wording in it so that the payor has to send the agency income tax info to update the payments as per her salary yearly, or does the agency just take an exact amount stated in an order only? I can not really find clear information on this, I asked my fmep manager but she says they can only take the amount stated on the court order, she wouldn't go into details, it is as if people are afraid to give legal info or advice to me almost everywhere i go lol.
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  #18 (permalink)  
Old 11-06-2016, 10:46 PM
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Do you know who she banks with? Search canli to see if you can find cases where the court orders a parents bank to release bank statements I'm not sure if it can be ordered. Do a search. You would have to bring a motion if it can be ordered.


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Old 11-06-2016, 10:55 PM
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Quote:
Originally Posted by trinton View Post
Do you know who she banks with? Search canli to see if you can find cases where the court orders a parents bank to release bank statements I'm not sure if it can be ordered. Do a search. You would have to bring a motion if it can be ordered.


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You would think if they can order a bank to release statements they could just order revenue canada to release the income tax info to the courts. I am currently scouring canlii, I try hard but I am not the greatest at narrowing down searches lol....trying to stay awake through the searching and reading is a chore for me :-/ but I will keep trying.
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Old 11-07-2016, 12:38 AM
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Originally Posted by undersc0re View Post
You would think if they can order a bank to release statements they could just order revenue canada to release the income tax info to the courts. I am currently scouring canlii, I try hard but I am not the greatest at narrowing down searches lol....trying to stay awake through the searching and reading is a chore for me :-/ but I will keep trying.


Never thought of that. Court ordering CRA to release their documents sounds like a helpful thing. Please let us know what you find. If you bring a motion and serve the CRA with the notice of motion, and they don't respond, then the court will likely make the order.


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