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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 07-09-2015, 09:10 AM
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Default section 24.1 of the child support guidelines

question:

My court order states that the payor is to submit his yearly income tax info to me by June 30th every year and notify FRO of any changes by July 1st.

As is the norm with child support orders there is a paragraph further into the order quoting section 24.1 of the child support guidelines indicating that income tax info be provided within 30 days of the anniversary of the order.

Which one is to be enforced? My ex is conveniently going with the child support guidelines because that delays his cooperation till Oct.

I have supplied my info for the sake of proportionate share and did so back in April. He informed me he would be following the guidelines.
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Old 07-09-2015, 09:42 AM
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It is the specified date in your order that parties including FRO will be following. However it is my opinion that it is not worth any court battle if she/he does disclose by October. It is just irritating. FRO will go by the order to the letter. If the support changes they will calculate the arrears as per your court order as of July 1st.
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Old 07-09-2015, 10:03 AM
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Quote:
Originally Posted by Reality View Post
It is the specified date in your order that parties including FRO will be following. However it is my opinion that it is not worth any court battle if she/he does disclose by October. It is just irritating. FRO will go by the order to the letter. If the support changes they will calculate the arrears as per your court order as of July 1st.
I wasn't planning on pursuing court at this time. I just wanted to make sure that I understood the order correctly.

We are likely to end up in court in the next year anyway. I have two orders...one that strictly deals with child support and S7 and another that deals with custody and access that includes a paragraph about post-secondary education costs taken from an old separation agreement.

FRO said that they can't enforce the order referring to post-secondary costs because it simply states "in proportion to our incomes" and doesn't state a percentage or an amount. The order about child support does indicate a percentage but doesn't mention post-secondary.

It has been 5 years since my ex provided his income info to me and that was in court when stopped paying support because he was mad at me.

I haven't bothered him about updating support because I wasn't going to poke the dog with a stick over a few bucks. However my daughter is nearing the end of high school and is looking at becoming a teacher.

I spoke to my ex, after 3 years of no contact, specifically about this issue and he tried to talk me into taking an offer of about $15,000 for school. Four years of university combined with teachers college could run around $40k or more. His current proportionate share is 70% making his share more in the $28k range. I almost agreed to his offer until he started adding more
stipulations because he has no contact with my daughter....her choice.


I am pretty sure his income has increased as he is a journeyman in a union and would have definitely contacted me to lower his support if it had decreased.

As much as I would be happier than a pig in shit to never see my ex again,
this isn't about me. It's about my daughter having support from both her parents. Her father has failed in the parenting department emotionally and physically & I can't do anything about that but I can make sure that he lives up to his financial obligations to his only child.

His thoughts are that he shouldn't pay for a child he doesn't see. He was already warned by a judge about this attitude.
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Old 07-09-2015, 10:14 AM
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Quote:
Originally Posted by Reality View Post
It is the specified date in your order that parties including FRO will be following. However it is my opinion that it is not worth any court battle if she/he does disclose by October. It is just irritating. FRO will go by the order to the letter. If the support changes they will calculate the arrears as per your court order as of July 1st.
Thanks for your response btw
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Old 07-09-2015, 10:19 AM
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FRO wont enforce post secondary if the % is not clearly stated. My partner has this issue. In his case though, he wants to pay his share and has done so.

One of the more senior people might be able to answer this but I think you can file something to get disclosure?

Might be worth a motion to change to get the post secondary stuff in writing. Then it can be filed with FRO.
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Old 07-09-2015, 10:28 AM
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I suspect I will have to file a motion to change. My intention is to wait until October to see if he in fact supplies his income info. If he does I'll give him the chance to make the changes on consent. If he refuses I'll file.

If he doesn't supply anything at all I'll be filing shortly after. My biggest issue is that I don't know where he lives. He moved. Fro has his current address but due to privacy act can't supply it to me.
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