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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 05-16-2017, 11:15 AM
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Default Change in custody

I've gone through many posts trying to find an answer to my question but I haven't found it yet. Hopefully you all can help.

Split with ex 4 years ago and we each had custody of 1 child each. SA and divorce stated no child support due to the custody arrangements at that time. After a while Child 1 went to live with other parent and I started paying support for both kids. It was an amount we worked out between ourselves and nothing was ever written up. When child 1 moved I, as a responsible parent just automatically started paying, ex did not request or go through FRO or anything like that. Soon child 1 moved back with me but due to ex being under employed I continued to pay a smaller amount of CS for child 2 to help with the expenses.

Fast forward 2 years and child 2 has now also come to live with me as well. I requested CS from ex who replied there is no money and is in the hole every month, even more now because I have stopped paying CS and of course Child Tax credit will be cut off. I spoke to a lawyer briefly through a free consultation (approx 5 min telephone conversation) and was told to google Ontario Family Court forms and submit 3 copies of Application for Financial Statement to the court. One copy to court, one to ex and one for me. I took a look at the form and it looks like I have to fill out all my financial information. I have an issue with this as it really is none of my exes business what I have in assets and debts. Am I looking at the wrong form? Is there something else I should be filling out?
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Old 05-16-2017, 11:31 AM
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Nope .. Form 13 is the right one. It is necessary when there is any kind of financial change.
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Old 05-16-2017, 11:34 AM
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Thanks. That doesn't seem right having to disclose my fiances since they don't come into play.

Guess I'll have to do it
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Old 05-16-2017, 11:57 AM
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Quote:
Originally Posted by justleft View Post
Thanks. That doesn't seem right having to disclose my fiances since they don't come into play.

Guess I'll have to do it


They do come into play where S7 expenses are concerned


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Old 05-16-2017, 12:01 PM
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Quote:
Originally Posted by justleft View Post
Thanks. That doesn't seem right having to disclose my fiances since they don't come into play.

Guess I'll have to do it
For calculating CS I think you only need the income part, not anything else. Form 13 is multipurpose. You use the assets/debts part for equalization, and the income/expenses part for spousal support. But since CS is calculated only from income, that should be enough.

I think lawyers insist you fill out the whole form more so they know what kind of fees they can get out of you if they drag the process on longer. Then judges get used to seeing the whole form.

It sounds like you have a better financial situation than your ex does. It is likely that you underpaid CS all along, since it doesn't sound like you were calculating it correctly. I would suggest calling it a wash and not asking for CS from her, for at least a little while. You have to balance out the cost of going to court and the unpleasantness of revealing your true finances to her against the possible CS you might get back.

Yes, in theory, she should be paying you CS table amounts based on her income. In practice, the cost of getting that out of her doesn't sound like it's going to be worth the gain.
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