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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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Old 03-27-2012, 07:59 PM
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Default Ex won't provide proof of income

I have sole custody of our daughter and for the last year have been trying to get proper support payments from my ex/her father. He showed me his paystubs after much of my nagging and I discovered that he made $57K a year. He is currently paying me support based on 30K a year. When I showed him the Federal Guideline amount and the number he is supposed to be paying he refused, snatched his paystubs away and wouldn't provide me copies.
I have no proof that he makes what I saw with my own two eyes. I have gone to court, attended an uncontested trial. He is currently in default. He has not shown up.

4 Weeks ago I filed a Basket Motion which allows me to bypass court proceedings with him now since he is in default and uncontested and sends my motion right up stairs and puts it in the hands of a judge. I signed an affidavit telling judge that he wont provide me with stubs but that he showed me and I know he makes this much a year. Judge has responded today and in a nutshelll said "I need proof of income, this affidavit is not enough" yet he won't order my ex to provide proof of income!

So here I am, unable to get him to prove his income or provide me with last years tax return. I don't know what to do. I am self representing, I make too much to get legal aid but not enough to afford a lawyer right now.
Does anyone have any suggestion on what I can do next? Can I file some sort of motion to get him in court? I am totally lost and totally frustrated.
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Old 03-28-2012, 12:34 AM
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I don't understand why the judge didn't order him to disclose his income. Does your support agreement state that he must provide you with a copy of his T1 each year? If so, he's in contempt for not complying.
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Old 03-28-2012, 01:22 AM
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Just so this gets out there and may help some of us understand "how things really work" when it comes to judges and what looks like the shuffling off of responsability so they would not be responsable to fill out paperwork when they are heading out for a six week vacation in 15 minutes. (yes this is an exagerated colourful example)

But for us with less or no experience - this is a no brainer but it is not.

The statement, "decisions in family court just do not have the bite of criminal law" is heard often. Is there any way to understand a little better how the judges do their work??
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Old 03-28-2012, 07:07 AM
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I had to get a judge to force my ex to provide 4 year of tax returns. Took 2 years to do it and 5 court appearances.
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Old 03-28-2012, 07:16 AM
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Have you requested of your ex, through the proper channels to disclose his NOA? Did you ask that the judge order his income to be disclosed? (Legal system won't give you what you will not ask for)

I believe by the judge telling you he needs proof of income, that was your hint to go through the proper channels.

Ask him (in writing/via email) for his NOA within 30 days.

Then send him an R3 letter (registered, Receipt Required) on day 31, requesting he immediately send you his NOA and give him 10 days to respond.

On day 11, you file a motion with the court to have his income ordered disclosed, attaching your email request and a copy of the R3 letter w/ tracking info showing receipt of same as exhibit evidence.

If/when he becomes in contempt of court, you file a contempt motion asking that either his income be disclosed OR that he be imputed an income of 57K/year based on your prior affidavit of when he showed you his pay stubs AND that retroactive arrears to the date you asked him to increase it (as per your affidavit) be calculated and repaid.
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Old 03-28-2012, 10:46 AM
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What do you do when you know your ex has hidden income? Ex has even admitted that his part-time jobs don't give him a T4 and he doesn't pay taxes on it and thus doesn't believe it counts for CS either.
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Old 03-28-2012, 11:04 AM
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Since I believe 2010 I believe they've changed the lawful requirements where the payer must provide income statements to the person receiving. If your ex won't provide the information, then file a motion to change with what you believe to be his new wage. It will be up to him to agree on consent or respond at the case conference to follow.
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Old 03-29-2012, 08:16 AM
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Not sure if they have changed the laws or not. Even if they had, the old ones weren't that difficult.

30 days disclosure on request. Follow the process I've outlined as a general guideline, and you can make a case for costs as well. If you go above and beyond to be reasonable, and the other party STILL persists on fighting you, then you have a stronger case to ask for costs to be paid.

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What do you do when you know your ex has hidden income? Ex has even admitted that his part-time jobs don't give him a T4 and he doesn't pay taxes on it and thus doesn't believe it counts for CS either.
You report this to CRA since it's illegal to be paid under the table like that. The business he works for could face an audit. Second, you try and guess what he makes at the part time jobs, then argue for that to be included on top of his regular reported income. Then it's up to HIM to dispute it.
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Old 03-30-2012, 10:46 PM
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NB Dad, Thank you so much for that advice. I will follow it.

To answer another question I was asked regarding why the judge wouldn't order him to prove his income. When my ex didn't show up for the trial in front of the judge, he said to me "How do you expect me to order payment when I don't have proof of his income?" I responded "I can't get him to disclose his income, I can't get him to answer his phone, I can't get him to show up here and deal with this, what do I do?"

He then told me I would need to somehow get it and referred me to speak with Duty Council. After I left the court room I did speak with Duty Council and he informed me that I would need to go to the Stat's Canada website, look up his job type and find out what the average salary was for his position. I did this, but the average Salary for his position was between $24K and $60K a year! That is a massive difference. I know he was making $57K so didn't want to go in and report my findings and have them rule for $24K. Eitherway, the judge wouldn't order it. I can not understand this!! My ex is able to pull a no show, ignore my requests and basically just flake off on all his responsibilities and get away with it. I still hand our daughter over when he wants her and it drives me crazy, but I won't use her as a pawn.

Thanks again NB Dad, I will follow your advice
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