Trial and Financial Statements

[viper56power]

I am proceding to trial in a little over two weeks time and I am still waiting for my ex's financial statement that has been requested by myself and endorrsed twice and order once by the judge to have it to me by nov 15/2011. What is the consequence for this if we go to trial and this has not been served or file to myself. I am seeking support and custody so i know she needs to file one. I just want have as much ammo i guess you can say as possible. And maybe someone can give me advice on how to use this ammo. Thanks guys.

[Kenny]

If your ex does not supply a financial statement, the could, and probably will, impute income based on the evidence available. This happened to my ex when I asked for a temporary child support order.

Also, not filing a financial statement can have other consequences such as your ex not being able to prove hardships in paying or other financial considerations.

[springx]

Just to add to Kenny, I also had my ex have an imputed income. I was low on what I said his income was, so he was all for it... But the judge doesn't care if you don't provide documents when it comes to trying to recieve backpay - funny how that works? I advise you to be careful when guessing an income because depending on the judge you may or may not ever get that back pay (I only got partial backpay) maybe because it adds up quickly if the imputed income was way off and the judge does not want to burden the other parent?

[Kenny]

The judge only asked me what evidence I had to assume what she made. In my case it was easy as she is a teacher and paid by the public purse. Her salary was listed in their collective agreement and also through the department's annual financial report to the provincial Auditor General.

I would assume back pay could be difficult under the circumstances you mentioned.

[springx]

Originally Posted by Kenny

The judge only asked me what evidence I had to assume what she made. In my case it was easy as she is a teacher and paid by the public purse. Her salary was listed in their collective agreement and also through the department's annual financial report to the provincial Auditor General.

I would assume back pay could be difficult under the circumstances you mentioned.

I asked for back pay almost 5 years later because he finally gave me all of his T4's 4 years later (I asked for them many times before). By then, he was making 30k more. But when the judge was finding out his income levels he was pissed so I don't think I was misfairly treated in court; but as you can see, the person who does not show proof of income does not always get punished in the end. I'm just satisfied cs is finally current.

[viper56power]

Hmmm good to know guys thanks. I wish I had some kind of evidence to use to assume child support. She stopped working in aug to qualify for legal aid and to not have to pay me child support. She actually said that in a case conference to the justice. She said to her I will just stop working then he gets nothing from me. The only thing I could think of using would be that she has told me she has savings when I asked her how she is able to afford stuff if she isn't working. Which I think is a Pile of croc I believe she is working under the table.

[wretchedotis]

Originally Posted by viper56power

Hmmm good to know guys thanks. I wish I had some kind of evidence to use to assume child support. She stopped working in aug to qualify for legal aid and to not have to pay me child support. She actually said that in a case conference to the justice. She said to her I will just stop working then he gets nothing from me. The only thing I could think of using would be that she has told me she has savings when I asked her how she is able to afford stuff if she isn't working. Which I think is a Pile of croc I believe she is working under the table.

I would order this previous transcriptwhere she indicates she will quit, and enter it into evidence as a reflection of your ex's character. Point out how quitting work so she does not 'have to pay you' is not in the best interests of the child - but in fact, the opposite. There's some ammo.

[viper56power]

Originally Posted by wretchedotis

I would order this previous transcriptwhere she indicates she will quit, and enter it into evidence as a reflection of your ex's character. Point out how quitting work so she does not 'have to pay you' is not in the best interests of the child - but in fact, the opposite. There's some ammo.

I didn't know you could order a transcript of a previous case conference. I think its too late now. Everything I have needs to be filed today and our trial is 2 weeks away.