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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 03-27-2017, 12:28 PM
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Default Custodial parent income disclosure

As per my SA we are to exchange and provide all financial disclosure as of june each year to recalculate CS amount and sect 7 percentages.
Being the payor of CS i provide my t4, noa, annually but my x refuses to provide the same detail of disclosure.
She is of opinion that being the receiver of CS that her income is not required to be disclosed. This has been ongoing since our divorce 5 yrs ago. When pressed she sends me a redacted page 1 of her tax return only.
Repeated emails requesting full discolure go unanswered.

I know she makes more than me and refuses to declare her gross income as well as income from boarding international student via an agency. What are the most reasonable options to get her to provide full financial disclosure without involving lawyers at this time?

Lastly, She has a new partner living with her ..could his income or their combined incomes factor into calculating CS and sect 7?
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Old 03-27-2017, 12:35 PM
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For CS, she does not have to provide you with her income.

If she wants you to share S7 expenses, then she obviously has to provide her income.

So, until she provides her income, you pay table CS, but not a penny towards S7 expenses.

Note that if your agreement says that you have to exchange taxes, and she refuses, you should still pay CS, because a judge will rip you apart if you avoid CS over a technicality.
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Old 03-27-2017, 12:39 PM
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Janus is correct. She could be a millionaire and her income does not factor into cs.

UNLESS you have an off set situation where you have kids 50/50 and you pay each other. Then her income factors in.

If she wants s7 then she needs to provide full disclosure on her income to determine proportionate share.

Her new partners income means nothing so dont even open that box Pandora.
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Old 03-28-2017, 07:21 AM
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Let's say you are 50/50 with off-set child support, and your ex moves her new BF and his child into her home. Since the purpose of CS is to balance lifestyle between children's homes, isn't there an argument that ex's expenses are now reduced or shared so they have more financial room? I am not concerned with the new partners income, more interested in the fact that her living expenses are now half; offset gives her $600 in CS and now children are enjoying a higher quality of life at mothers home. Has anyone seen any case law that addresses this?


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Old 03-28-2017, 05:54 PM
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Quote:
Originally Posted by len14 View Post
Let's say you are 50/50 with off-set child support, and your ex moves her new BF and his child into her home. Since the purpose of CS is to balance lifestyle between children's homes, isn't there an argument that ex's expenses are now reduced or shared so they have more financial room? I am not concerned with the new partners income, more interested in the fact that her living expenses are now half; offset gives her $600 in CS and now children are enjoying a higher quality of life at mothers home. Has anyone seen any case law that addresses this?


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look at it this way. If you moved in with a new partner would you pay more CS to your ex as your expenses were cut?

Some of her expenses may be cut but some would go up. Like groceries and other "consumables" She may have moved into a more expensive place to have more room for the new mans child. Just because she moves in with someone doesn't mean that her bills are magically halved.
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Old 03-28-2017, 06:56 PM
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Originally Posted by standing on the sidelines View Post
look at it this way. If you moved in with a new partner would you pay more CS to your ex as your expenses were cut?

Some of her expenses may be cut but some would go up. Like groceries and other "consumables" She may have moved into a more expensive place to have more room for the new mans child. Just because she moves in with someone doesn't mean that her bills are magically halved.


During separation there was a balance sheet used to ensure that both households maintained equal standards. If they haven't changed homes and she is housing another two people full time under same conditions then wouldn't that now mean that she has half the expense load? If I was to move someone in and charge them rent I would have to disclose that as income and my CS amounts would increase but she can move in with someone share expenses, not declare common law on tax returns and continue to receive CS from me to equalize pay? It just seems a little twisted. There must be some case law that references this scenario.


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Old 03-28-2017, 07:32 PM
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Originally Posted by len14 View Post
During separation there was a balance sheet used to ensure that both households maintained equal standards. If they haven't changed homes and she is housing another two people full time under same conditions then wouldn't that now mean that she has half the expense load? If I was to move someone in and charge them rent I would have to disclose that as income and my CS amounts would increase but she can move in with someone share expenses, not declare common law on tax returns and continue to receive CS from me to equalize pay? It just seems a little twisted. There must be some case law that references this scenario.


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You will be hard pressed to find it. Its no different if you were to move a gf in who makes $200,000 a year and pays all your bills. Unless she is claiming hardship, her spouses income has no impact.
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Old 03-28-2017, 07:53 PM
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You will be hard pressed to find it. Its no different if you were to move a gf in who makes $200,000 a year and pays all your bills. Unless she is claiming hardship, her spouses income has no impact.


The amount the other person earns is irrelevant to me and should be irrelevant to the law. What should be relevant and what CS is meant to do is equalize households for the sake of the children.


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Old 03-28-2017, 08:20 PM
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The amount the other person earns is irrelevant to me and should be irrelevant to the law. What should be relevant and what CS is meant to do is equalize households for the sake of the children.


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So if your ex decides to purchase a $2 million home would you still use this logic? Obviously her household bills would go up as she now owns a $2 million mortgage.

Your logic is flawed. It does not equalize household expenses, I'm not sure where you came up with that. If one person hears with electric heat and the other person heats with natural gas, does the one who heats with a cheaper source pay more because the other spouse heats with hydro?

One spouse wants unlimited internet, satellite and phone, the other spouse just wants basics of those... does the spouse who spends less owe more because the other spouse chooses a more expensive package?

You also failed to answer the question... if you moved in a new partner who assisted you with the household bills, would you agree to pay more than $600 because now your bills are reduced?


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Old 03-29-2017, 09:25 AM
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The amount the other person earns is irrelevant to me and should be irrelevant to the law. What should be relevant and what CS is meant to do is equalize households for the sake of the children.
I understand what you are trying to get across.

In a custody/access situation, the goal of child support is to increase the standard of living for the primary parent, which will in turn presumably be good for the child.

In a shared custody situation, the goal of child support is a little unclear. In theory, the goal is to equalize the standard of living between the households. However, in practice, they don't actually look at the standard of living at the households, which means that the child support paid is mostly arbitrary.

Unlikely to convince anybody of this though. Most people think that offset support is fair when it is clearly mathematically wrong.
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