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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 09-22-2016, 10:57 AM
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Hello,

I am in the process of filing out a Form 13 - financial statement - to request child support.

I have not received CS since father left in 2011.

Are there suggestions anyone can give me, as far as the assets verses debts....
I'm review the special/Extraordinary expenses... such a horseback riding and gear, swimming, dental and medical needs...

I'm concerned that I am going to look as though I am more than financially able to continue as such without CS.

Any suggestions are helpful
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Old 09-22-2016, 11:31 AM
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I am not sure exactly your situation, if your only claiming basic child support as per the guidelines then he only has to forward the financials. If your going for extras then you have no choice but to give your financials as well. It is pretty simple in the basic situation, but if he claims hardship or your going for special expenses then I believe you have to do the financials. I just kept it basic and it was quick and simple. If the xtras are not worth it just go basic. I am in bc though, it might be a little different for you. Legal advice from a retained lawyer is always good if you can afford it.
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Old 09-22-2016, 12:07 PM
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Assets vs debts and financial ability for the recipient are irrelevant. Both parents have an obligation to support their kids. The amount is based on parenting arrangements and income.
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Old 09-22-2016, 01:43 PM
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Thank you very much for your advise.
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Old 09-24-2016, 01:55 PM
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I'm in the process of filling out the form 13 as well. My question is, if it's necessary to fill in EVERY detail of it as well. In my situation, I'm in the process of filing a motion 15 to terminate child support to my ex-wife, since our son turned 18 in July of 2015, and has only been enrolled in this school:

PAS North

....which as I have been informed by many who are credible, is not defined as full time school, and therefore no longer falls under the legal definition of "child of marriage".

Having said that, I and my partner who have been together since 2004, presently have a household income of approximately $115,000 GROSS (that's her income and mine together, excluding the baby bonus she still receives for two of her three children under 18 and receives no child support for her three). My ex-wife, who has pretty much been on ODSP since we parted ways, I'll assume has very minimal income. I'm more concerned that in the eyes of the court, that my request will be denied, due to the obvious major gap in standard of living our two households.
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Old 09-24-2016, 06:12 PM
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Your spouse's income is not included and she is noy required to disclose it. The only time it gets included is if there is a claim for undue hardship by the CS payor.
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Old 09-24-2016, 06:35 PM
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Quote:
Originally Posted by blinkandimgone View Post
Your spouse's income is not included and she is noy required to disclose it. The only time it gets included is if there is a claim for undue hardship by the CS payor.
I've seen, and read that term before, many times. Please define "undue hardship". In my situation, I am the CS payor and my claim to undue hardship is paying CS in a situation where my son is no longer entitled to it as far as I understand.
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Old 09-24-2016, 06:45 PM
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Step 8: Determine if there is undue hardship - The Federal Child Support Guidelines: Step-by-Step

You are not making a claim that it is causing you financial hardship to pay.
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Old 09-24-2016, 06:50 PM
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Also, if you read the instructions under the Part 6 header, you will see the part about other income earners in the home does not apply to your application and therefore you do not need to fill it out.
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Old 09-25-2016, 06:22 PM
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My understanding is that "undue hardship" refers to the impact that paying CS has on your household (e.g. you're living so close to the margin that paying CS means you can't pay your rent, buy food, pay necessary expenses, etc). In your case if I remember right, the reason you want to stop CS is because your son is no longer a child of the marriage and no longer entitled to CS (he's over 18 and not in full-time school, with no reasonable prospects of returning). This is different from wanting to stop because paying CS is causing you hardship. So I wouldn't worry about your household income or your spouse's income - it's not relevant to the question of whether your son is a child of the marriage or not.
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