Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-22-2017, 10:18 AM
Junior Member
 
Join Date: Sep 2017
Posts: 17
Dad0208 is on a distinguished road
Default Home equity to pay child support?

So my ex is taking me to court to try to impute more income to me from 10 years earlier and obtain over $20,000 in retroactive based on this imputed income.

She is saying that it would not cause hardship to me because I have more than enough equity in my home, which I am co-owner, to pay it. I can't see her getting this money, but if she did, would a judge actually order me to get a home equity loan just to pay it? Even if the main owner is my wife? Does anyone have any experience with this?
Reply With Quote
  #2 (permalink)  
Old 09-22-2017, 10:35 AM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,040
Berner_Faith will become famous soon enough
Default

I doubt she will get 10 years unless you have intentionally hidden income. Did you update your income annually for CS? Only you know if you truly owe this amount or not. A judge can't order you to pay a certain way but they can order you to pay back support. Usually it's back to the time the request was first made to update CS but sometimes it can be earlier depending on if the payor hid income or not


Sent from my iPhone using Tapatalk
Reply With Quote
  #3 (permalink)  
Old 09-22-2017, 11:01 AM
Senior Member
 
Join Date: Mar 2014
Posts: 2,965
rockscan will become famous soon enough
Default

The onus is on her to prove you could have made the extra income. It will be interesting to see how she will do so since imputing is mainly for people who are specifically under employed or not working.

You may want to start organizing any information you have to refute this. For instance any jobs you applied for and the outcomes, work balance to spend time with the kids etc.
Reply With Quote
  #4 (permalink)  
Old 09-22-2017, 11:44 AM
Junior Member
 
Join Date: Sep 2017
Posts: 17
Dad0208 is on a distinguished road
Default

She only thinks I've hidden income, but I haven't. I was off for a few years because of a car accident, and I haven't been able to work as much since then because of it. I had an extremely physical construction job and couldn't go back to it, so she thinks I can still make the same pay I used to. I paid what I was supposed to pay at the time even though I could have reduced it to nothing, but I didn't. She knew about this all along and now has decided to ask for retroactive going back 10 years. She's asked for bank statements, which is fine, but she will spend hours going through them all because I used the account for everything and never deal in cash.

Does anyone know if there's a way to show deposits only? I tried asking the bank and they will only give me the complete statements and not show just the deposits.
Reply With Quote
  #5 (permalink)  
Old 09-22-2017, 12:16 PM
Junior Member
 
Join Date: Sep 2017
Posts: 13
OttawaDad11 is on a distinguished road
Default

Don't give her bank statements. Give her your NOA's. That's all you are obligated to provide.
Reply With Quote
  #6 (permalink)  
Old 09-22-2017, 12:18 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,040
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by OttawaDad11 View Post
Don't give her bank statements. Give her your NOA's. That's all you are obligated to provide.


Not necessarily true... if he was self employed in the construction industry then his NOAs really mean little because there are write offs that don't count for CS purposes.




Sent from my iPhone using Tapatalk
Reply With Quote
  #7 (permalink)  
Old 09-22-2017, 12:18 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,965
rockscan will become famous soon enough
Default

You dont have to provide bank statements. You can put in your response that you suffered an accident on x date and the resulting injuries have prevented you from working.

My partners ex did the same thing asking for bank statements, loan applications, job searches, vacation expenses and all receipts for all home renovations completed. His lawyer said none of those things are relevant. He also said that if ordered he would have to provide his job search efforts (he was unemployed for a year).

Your response can outline all that you have paid and how it relates to your income. For instance, my income for 2016 was x and my child support payments were y for a total of xyz for the year. I paid xyz to the applicant.

Unless you are ordered to provide bank statements, dont sweat it. You just respond with copies of your noa and taxes and calculate out what you paid.
Reply With Quote
  #8 (permalink)  
Old 09-22-2017, 12:26 PM
Junior Member
 
Join Date: Sep 2017
Posts: 17
Dad0208 is on a distinguished road
Default

I gave her all my notice of assesments already, and she didn't even ask me for bank statements personally, she's just asking the judge to order it in her case conference brief. I don't mind providing them to her if I have to, but it will cost me 2 bucks per statement for 7 years worth.
Reply With Quote
  #9 (permalink)  
Old 09-22-2017, 12:27 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,916
arabian will become famous soon enough
Default

I doubt your ex is going to be successful in her application. She would be faced with the question: why did you wait so long before pursuing this?
Reply With Quote
  #10 (permalink)  
Old 09-22-2017, 12:38 PM
Junior Member
 
Join Date: Sep 2017
Posts: 13
OttawaDad11 is on a distinguished road
Default

Quote:
Originally Posted by Berner_Faith View Post
Not necessarily true... if he was self employed in the construction industry then his NOAs really mean little because there are write offs that don't count for CS purposes.




Sent from my iPhone using Tapatalk
Fair enough. But how do bank statements help this? Just because it's a deposit, doesn't mean it's income.

His income is what has been reported to CRA, whether business owner or not. I was a contractor for awhile. my business had and income and I had an income. They weren't the same. If they want to audit his Business income and expenese/write offs, then maybe soem additional info, but that doesn't require his personal bank statements as far as I know. I would assume it would be pay stubs and his full T1 General showing what was written off. (yes, I realize that if he owns a business, it's not a T1, it's a T2 or something. I don't recall the specifics here, but the point is the same).
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
sticky s7 situation trinton Divorce & Family Law 11 03-25-2017 07:04 PM
re-calculation of time for access Tatyana K Divorce & Family Law 74 11-09-2016 04:19 PM
The suit against FRO moves forward part1 AtALoss Divorce & Family Law 51 09-30-2013 12:01 PM
Retroactive Child Support Nadia Financial Issues 3 06-02-2013 01:38 AM
Joint Effort to Change Table Amounts of CS 350_dad Political Issues 43 12-18-2009 02:01 AM


All times are GMT -4. The time now is 11:11 AM.