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

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  #1 (permalink)  
Old 06-03-2006, 10:00 PM
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fedupp is on a distinguished road
Default Still trying to get a child support order

Hi

I have a problem - my ex-husband would rather pay a lawyer(s) to prevent the issue of a child support order than voluntarily pay to support his children. We were married for 15 years and have been divorced since December 2000.

I secured a temporary order in 2001 for $50.00/mth (yes that's all!) and began an attempt to obtain a permanent order based on his current income and guideline amounts in September 2005.

He has been interviewed under oath regarding his finances (Feb '06) (my fee $2,500), children's lawyer Larry Segal has already presented his report, a case conference was held before Madame De Sousa in April 2006 whereupon she instructed him to agree to begin paying support and yet he has ignored everything. He makes $73,800 per year and just purchased a home.

My lawyer has since presented me with additional invoice for $2,700.00 - still no order for support and my lawyer tells me another case conference is scheduled to try to reach an agreement. What????

What is wrong with the family law act? Why isn't each parent held accountable for providing for their children? It looks like my ex-husband would rather pay anyone else other than his children and I'm going broke as a result.

Is the system so bad that nothing is possible in this case? I'm down $5,000 since September of 2005 with no end in sight!
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Old 06-03-2006, 10:23 PM
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fedupp,

There definitely appears to be something wrong with the case management in the way your case is proceeding.

If you have the latest financial information on your ex; ie itax statements and financial statements then WHY doesn't your lawyer bring forth a motion especially since you already had a case conference on the matter.

You lawyer could also bring forth an ex-parte motion without notice, however, You have waited this long, the court may not see the matter as urgent even though the support of children is paramount.

Be sure to seek your full costs on the matter.

something to reflect when it comes to child support.

Family Law Act
Ontario REGULATION 391/97
Amended to O. Reg. 102/06

CHILD SUPPORT GUIDELINES

SECTION 21

http://www.e-laws.gov.on.ca/DBLaws/R...391_e.htm#BK27

Income Information

Obligation of applicant

21. (1) A parent or spouse who is applying for an order for the support of a child and whose income information is necessary to determine the amount of the order must include with the application,

(a) a copy of every personal income tax return filed by the parent or spouse for each of the three most recent taxation years;

(b) a copy of every notice of assessment and reassessment issued to the parent or spouse for each of the three most recent taxation years;

(c) where the parent or spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or, where such a statement is not provided by the employer, a letter from the parent’s or spouse’s employer setting out that information including the parent’s or spouse’s rate of annual salary or remuneration;

(d) where the parent or spouse is self-employed, for the three most recent taxation years,

(i) the financial statements of the parent’s or spouse’s business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the parent or spouse does not deal at arm’s length;

(e) where the parent or spouse is a partner in a partnership, confirmation of the parent’s or spouse’s income and draw from, and capital in, the partnership for its three most recent taxation years;

(f) where the parent or spouse controls a corporation, for its three most recent taxation years,

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length;

(g) where the parent or spouse is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s three most recent financial statements; and

(h) in addition to any information that must be included under clauses (c) to (g), where the parent or spouse receives income from employment insurance, social assistance, a pension, workers compensation, disability payments or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year or, if such a statement is not provided, a letter from the appropriate authority stating the required information. O. Reg. 391/97, s. 21 (1); O. Reg. 446/01, s. 7.

Obligation of respondent

(2) A parent or spouse who is served with an application for an order for the support of a child and whose income information is necessary to determine the amount of the order, must, within 30 days after the application is served if the parent or spouse resides in Canada or the United States or within 60 days if the parent or spouse resides elsewhere, or such other time limit as the court specifies, provide the court, as well as the other spouse, an applicant under section 33 of the Act or the order assignee with the documents referred to in subsection (1). O. Reg. 391/97, s. 21 (2).


Failure to comply

22. (1) Where a parent or spouse fails to comply with section 21, the other spouse, an applicant under section 33 of the Act or an order assignee may apply,

(a) to have the application for an order for the support of a child set down for a hearing, or move for judgment; or


(b) for an order requiring the parent or spouse who failed to comply to provide the court, as well as the other parent or spouse or order assignee, as the case may be, with the required documents. O. Reg. 391/97, s. 22 (1).

Costs of the proceedings

(2) Where a court makes an order under clause (1) (a) or (b), the court may award costs in favour of the other spouse, the applicant under section 33 of the Act or an order assignee up to an amount that fully compensates the other spouse, the applicant or order assignee for all costs incurred in the proceedings. O. Reg. 391/97, s. 22 (2).


Adverse inference

23. Where the court proceeds to a hearing on the basis of an application under clause 22 (1) (a), the court may draw an adverse inference against the parent or spouse who failed to comply and impute income to that parent or spouse in such amount as it considers appropriate. O. Reg. 391/97, s. 23.



Continuing obligation to provide income information

25. (1) Every parent or spouse against whom an order for the support of a child has been made must, on the written request of the other spouse or the person or agency entitled to payment under the order not more than once a year after the making of the order and as long as the child is a child within the meaning of these guidelines, provide that other spouse, or the person or agency entitled to payment under the order, with,

(a) the documents referred to in subsection 21 (1) for any of the three most recent taxation years for which the parent or spouse has not previously provided the documents;

(b) as applicable, any current information in writing, about the status of any expenses included in the order pursuant to subsection 7 (1); and

(c) as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship. O. Reg. 391/97, s. 25 (1).


Obligation of receiving parent or spouse

(3) Where the income information of the parent or spouse in favour of whom an order for the support of a child is made is used to determine the amount of the order, the parent or spouse must, not more than once a year after the making of the order and as long as the child is a child within the meaning of these guidelines, on the written request of the other parent or spouse, provide the other parent or spouse with the documents and information referred to in subsection (1). O. Reg. 391/97, s. 25 (3).

Information requests

(4) Where a parent or spouse requests information from the other parent or spouse under any of subsections (1) to (3) and the income information of the requesting parent or spouse is used to determine the amount of the order for the support of a child, the requesting parent or spouse must include the documents and information referred to in subsection (1) with the request. O. Reg. 391/97, s. 25 (4).

Time limit

(5) A parent or spouse who receives a request made under any of subsections (1) to (3) must provide the required documents within 30 days after the request’s receipt if the parent or spouse resides in Canada or the United States and within 60 days after the request’s receipt if the parent or spouse resides elsewhere. O. Reg. 391/97, s. 25 (5).


Deemed receipt

(6) A request made under any of subsections (1) to (3) is deemed to have been received 10 days after it is sent. O. Reg. 391/97, s. 25 (6).


Failure to comply

(7) A court may, on application by either spouse, an applicant under section 33 of the Act or an order assignee, where the parent or spouse has failed to comply with any of subsections (1) to (3),


(a) consider the parent or spouse to be in contempt of court and award costs in favour of the applicant up to an amount that fully compensates the applicant for all costs incurred in the proceedings; or

(b) make an order requiring the parent or spouse to provide the required documents to the court, as well as to the spouse, order assignee or applicant under section 33 of the Act, as the case may be. O. Reg. 391/97, s. 25 (7).

Unenforceable provision

(8) A provision in a judgment, order or agreement purporting to limit a parent’s or spouse’s obligation to provide documents under this section is unenforceable. O. Reg. 391/97, s. 25 (8).

26. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 391/97, s. 26.

lv
  #3 (permalink)  
Old 06-05-2006, 03:33 PM
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This is one of those posts that make me go... hmmm... I am sure I will get flamed for this.... but, here goes....

Why was the original order only for $50. Do you have split/joint/shared custody. Did your ex have no income? Was that the offset. Was there an offer to settle? What's the deal?

Second, your ex's income and the fact he bought a home means little not knowing any facts around your settlement, custody, access, etc., etc., etc., (sounds like whining to me).

Third, you have the full weight of the court, system, FRO, and about 100 other means at your disposale (your case... get to know it). You could do a lot of things. File a motion based on material change of circumstance. Motions take about 10 weeks. It sounds though, you are in a trial. No? Although you can have a case conference for a motion. Either way, you can still file a motion unless a judge somewhere has said no to that.

What else is missing from this puzzle?

Anyway support most likely will be back-dated and you could always go for costs. What is your lawyer advising you? This should be quite simple. And yes, litigation is pricy. What was your offer. His counter offer. Was there any offers?

Sorry, but these posts always make me scratch my head...
  #4 (permalink)  
Old 03-17-2009, 11:16 AM
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Fedupp, my battle has just begun but I totally agree with you. It seems that some people would rather pay a lawyer to get out of paying than actually paying, and making life comfortable for their kids. I don't even understand the reply before mine. I was a stay at home mom and my kids are both under 3. I've been having to pay the bills for 2 months on my own and running out of money to live on, never mind having some to use on lawyers like my spouse. It's disgusting. And since everything takes time, what does one do during periods of 10 weeks with piles of bills and two babies to feed?? My legal aid lawyer is trying to light a fire under the other parties but it's sad that this is what it comes to. She can only do so much, because everything takes so much time.

I don't see your post as whining at all.
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