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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 09-19-2016, 09:18 AM
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Default Contempt for Failure to Submit Financials? Form 31?

Hi everyone:

I have been reading this forum for a bit - what a great resource and help.

My question is on Form 31 - Notice of Contempt. I've had a final custody order in place for 7 years. One of things my ex must do is submit his financial disclosure once per year. He never has. In the last few years, I have reason to believe his financial situation has changed considerably. For a while he was telling me he was getting everything ready to give to me but of course, it never came. I wrote a demand letter giving him 20 days to provide everything (3 years of tax returns, 7 years of business financials), sent it my regular mail and registered mail. On the deadline, he told me flat out that he's not going to give me any financial details.

Would a Form 31 (Notice of Contempt) apply here? I think yes, but there is not much information out there that I could find to support my next steps. I've been to the FLIC office, and she never mentioned it (although she seemed unsure and read from the book the whole time). She said to do a Motion to Change....(child support), but how would I know what to change it to? (The FLIC office visit was before my formal written request...)

In the meantime he has totally seized paying child support...although he is making good money.

Has anyone had any experience filing a Form 31? His blatant refusal makes me want to lay down the heavy here...

Any suggestions would be helpful. Thanks in advance!
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Old 09-19-2016, 09:58 AM
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Originally Posted by 380Ace View Post
Has anyone had any experience filing a Form 31? His blatant refusal makes me want to lay down the heavy here...

Any suggestions would be helpful. Thanks in advance!
1. You should retain a lawyer to assist you. If you are seeking an adjustment to child support only and disclosure has not been provided you can get your legal costs for doing this basic thing ordered and collection from the other party through FRO. Many lawyers will take this on because they know they will get paid.

2. Contempt is not for this purpose. You should read Rule 31 of the Family Law Rules:

Quote:
31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).
Child support is a payment order. You really should file the order or agreement with the Family Responsibility Office and get them to do the proper collections from the other parent. (Or hire a lawyer.)

Good Luck!
Tayken
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Old 09-19-2016, 10:08 AM
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Thanks Tayken.

Just to be clear: I'm only considering this for getting his financials as per the order. It may or may not move into changing support...not sure yet as I have no idea what I'm dealing with. I just simply want to get them and review.

Not sure if that changes anything...the order is filed with the FRO and they are doing what they can to collect.

Thanks for your help - will look into a lawyer.
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Old 09-19-2016, 10:12 AM
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The contempt is not for failure to pay, which would be a FRO issue, but rather a failure to provide financial information, which FRO is powerless to enforce.

That said, I don't think contempt is the way to go. Contempt motions are almost never successful in family law. Maybe a motion to impute income due to failure to provide financial information?
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Old 09-19-2016, 10:51 AM
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Tayken is right, speak to a lawyer asap. Also go on canlii and review the supreme court case against D.B.S. which set the precedent for sharing of financial information for cs updates. Your ex is so so SO wrong for not sharing financial info even after you request it and if he has had an increase in income, he will have to pay retroactive amounts. This is a pretty good slam dunk for release of financials and recalculation of cs. A lawyer will help you file the paperwork to get the financial info released and the recalculation.
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Old 09-19-2016, 11:24 AM
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That said, I don't think contempt is the way to go. Contempt motions are almost never successful in family law. Maybe a motion to impute income due to failure to provide financial information?
^^^ this is the better approach. If you keep to just matters of child support in doing the above you can get all your costs ordered and collected through FRO. Contempt is very rarely ordered in Family Law. If it is, the remedies are so minor that it isn't worth the pain. Also, they can't ordered the costs to be collected through FRO generally. If you want to collect money FRO is the way to GO.
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Old 09-25-2016, 03:28 AM
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Check the Can Lii website. There was a case out of Oakville. The ex husband was failing to provide financial disclosure with the intent of hiding income and assets related to his RRSP (if I'm remembering correctly). The judge orders him held in contempt of court for this. I'll do a search tomorrow and update my post to try to help you. The case was recent and was also noted in The Hamilton Spectator newspaper.
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Old 09-25-2016, 03:35 AM
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I think contempt would apply: Breaches of Family Law Court Orders and Contempt

Failing to provide updates financial disclosure is a breech of a provision of the final court order
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Old 10-04-2016, 02:32 PM
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Contempt applies but may not be the best remedy.

Speak to a lawyer, likely file a motion to change based on his new income, and he'll be obligated to file his financial material with his Answer.
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Old 10-12-2016, 08:27 PM
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Default Failure to submit financials con't

I have full custody of two children wth a cs order in effect that's been adhered to. Mind you, unwillingly as FRO always has to take action. However my ex won't supply his notice of assessment as the order directs. When the order was put in place in 2010 he was not employed but agreed to pay child support. I later discovered he was staring a business. Since that court order I have never seen a NOA. I ask he says if I take him to court to get it I will get nothing. FRO has even requested payroll info but he's not on the payroll. So what I can deduce is is spouse owns the business that he runs. I was willing to let sleeping dogs lay but now he wants to reduce support rightfully so as my son has moved out. However he just expects to cut it in half without any proff of income. He said he's going to pay and when our daughter is done school he's taking me back to court to get back his overpayments. Based on saying he has no income? So my question is does he have a leg to stand on, should I just leave the order as is and let FRO keep collecting the full amount....help
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