Ludicrous "Sworn" Financial Statements!!

[decent fellow]

Thanks Mess... you make it sound easy... but my cynical side tells me otherwise.

When I was renegotiating spousal support in late-2007 (daughter starting fulltime elementary school... and finally got an end date for that on May/2011), like on every opportunity I had over the years I asked for more time with my daughter (I started with only ~ 20% in 2003, and have finally made my way to 44% in 2007). The only way she would give me the final day every two weeks to get me to nearly 50/50 was if I continued to pay full table amount (i.e. without offset). If I did not agree to that, then she would not give me the extra time... I felt blackmailed to say the least. So what is a father to do... naturally I take time with my child over money... I was going to have to pay full table support without the extra day anyway. I'd be curious if anyone has any thoughts on THAT point.

I am hoping that by waiting 2 years (not too long or short of a time), that this would prove that I did not take the extra time "just for the money". I pay for all the clothes for my daughter for when she lives with me, and I pay for all her afterschool daycare expenses for days she is with me... the EX's mother ("Nana") watches my daughter afterschool when she is with the EX (for free).

I don't believe that the cessation of spousal support in 14 months will cause financial hardship for my EX... she still earns $64,000 plus potentially "straight offset" calculated child support of ~ $1200 per month (tax free)... this is a pre-tax equivalent wage of ~ $85,000. But the EX & her lawyer will probably lean on the cessation of SS as support for their position. What is your take?

Over the past 4 years, my new wife and I have had 2 babies come into the world, my earnings have decrease quite a bit (though I still make a decent wage), while the EX's earnings have increased from $35,000 to $64,000. Financially, I have been feeling the pinch over the past couple years.

My new wife works and makes a decent wage comparable to my EX's... but I don't believe that my wife's wages should be part of the equation unless I was filing a hardship claim, right? Or is it if my EX was filing a hardship wage?

My EX will not compromise on $'s, she certainly feels 100% entitlement... Lord knows I've tried over the years, but she just will never bend... which is why I have finally gotten to this point where I felt that I just have to file this Motion to Change. I figure I have just this one shot to set things straight (at least from my perspective).

I know every case is different, and there's probably a dozen ways to skin this cat, but...

[NBDad]

You don't need to file a hardship claim, you have the child > 40% of the time, so you can make a motion to vary thru the courts to have support based on offset table amount. You have an existing status quo stacked against you, you have been paying the full table amount for 2 years now.

HOWEVER, if you have proof of her blackmailing you into it (ie. via an email or a letter) then you could always argue that you felt pressured into paying her more money in order for more time with your daughter.

[Mess]

The language would be, you agreed under duress, and had not received legal councel.

[decent fellow]

Mess, it is true that I did agree under duress.... however, I did have a lawyer at that time... so am I screwed now?

[NBDad]

Depends on the judge, depends on the day of the week. Judges have a crap ton of discretion on support orders, so as long as you are making reasonable arguments, you have a no better and no worse shot than the other guy.

If you have PROOF she basically blackmailed you into it, I suspect that would help your case a fair bit. (Basically you agreed to it to have the time with your daughter, but enough is enough, it's been two years, you've had several material changes in circumstances and haven't requested it be changed, but now you are only asking for what is fair/etc)

I always advocate making the offer to the other party BEFORE you head to court, at least that way you come off as the reasonable person (heck, you'd only be in court because you had no choice in the matter, the other side is forcing you to do it ). Gives you a better shot at getting costs as well. (and while it may not cover your entire cost, even something is better than nothing at all).

Depending on how amicable the relationship with your ex is, you might want to consider that option, even if you KNOW it'll get refused.

PS. Whose collecting the CCTB/UCCB for your child currently? It is split? Or does one of you have it solely?

[decent fellow]

I personally can't stand her... communicate using email whenever possible, as she is never easy to deal with in person.

My daughter is 8, so there is no more UCCB. We split the CCTB at first, but she has now taken it all over the past couple years. Why do you ask? Is there a point you're trying to make?

[NBDad]

Only that you are legally entitled to it 6 months of the year. You probably won't get much, if anything from it but if you are trying to force a compromise, it's one of the few things you can do without any legal repercussions. (Courts have ZERO say in who gets the CCTB...CCRA is bound by the Income Tax act)

It WILL be inflamatory, but there's absolutely nothing that can be done to stop you from claiming it.

(My point is that if necessary you can use it as a bargaining chip, that you agree to allow her to claim the full CCTB and to not put forth application against it.)

Technically you are SUPPOSED to tell CCRA of any change in circumstance, but they don't enforce it on CCTB/UCCB payments.