What a Mess!

[mom2kids]

After 10 years of receiving child support based on my ex's income of $22K I filed a motion to increase it. The only time in that ten years he has given his financial info was in 2000 so he could have CS reduced. I have requested it 3 other times which he ignored. Any time I have mentioned money or asked for his info he has cut off communication with our kids for anywhere from 2 weeks to a month, and has withheld CS if able. He has changed jobs often but has not once called FRO to give them new employer information - I have always had to dig for it myself and call them with it. He then gets angry that they again start taking support from his pay. This makes me a b*tch and a troublemaker.

I filed the motion myself, also requesting that he submit his financial info, without a lawyer, hoping that he would for once do the right thing and just admit that they are entitled to support based on his income. He pays for no extra expenses, is to pay CS until they finish post-secondary education, but no education costs, and never paid any spousal support. I think the least he can do is pay the appropriate amount of CS. He responded with a lawyer stating that he wants to dismiss with costs, and wants my financial info to "explore undue hardship" due to high travel costs for work. Here's the kicker - in the last couple of years he has made in excess of $100K per year. I made just under 19K and my husband made 40K. I have decided I will need a lawyer and she has suggested he has no claim for hardship and that we request retroactive child support going back to the date of the last order (2000).

His financial statement makes no mention of his travel costs or what they might be - he has told our teen daughter several times that his employer reimburses him for travel and accommodation. He also states that his wife doesn't work - we know that she does.

He has made every effort over the years to avoid paying CS even if it means quitting a job to hide from FRO and going to a new one.
I assume that he will have to provide more detailed financials if he goes for undue hardship including for his wife. My lawyer states that the judge may look at his income and tell him to forget it.

I am not sure what would happen with retroactive CS, but I feel he should pay atleast for the last couple of years when his income has increase 4-5 times what he's been paying on. Does anyone know how this works and what the courts base this on? I only wanted basic CS, but I am truly tired of his games.

[NBDad]

He'll probably get whacked for retro CS if he's been playing games. Can you prove that you requested his financials? (ie. is it in writing or via email?)

He *should* be paying proportional share of special expenses as well as either of proportional share of 2/3 of the education costs for the children or a full 1/3 of it. (Depends on situation, but those are the two most common).

Ask for that as well, especially if the children are getting close to post-secondary age.

As for undue hardship, such a claim will take into account HIS income, as well as his HOUSEHOLD income. (so his wife's too). It also includes CS, CCTB/UCCB, etc. CS/SS/etc is included as an income to YOUR household, and an EXPENSE to his.) It's literally the ONLY time you can drag the new spouses into things.

The thing is that the difference must be drastic and drastic is up to the interpretation of the judge. They HATE to reduce CS as it affects the children. @ 100K +/year he's going to get laughed out of court. Don't forget to ask for costs (since his refusal to provide you with his financials each year led to you having to waste the courts time).

Also request that the order include that income tax assessments be exchanged each year and the CS be adjusted per table amounts beginning each July. (Same month that the CCTB/UCCB are adjusted to the new amounts). If he doesn't abide by it, then drag him back to court each year, asking for costs each time. Eventually he'll get tired of losing and owing you money, and behave.

[mom2kids]

Thanks NBDad! I do have a copy of a letter sent to him requesting his info - all other requests were verbal. Unfortunately I was unaware that requests should be in writing at that time. The lawyer I had when we first parted did the bare minimum and I wasn't told or provided with a lot of things I now know I should have. The one time he volunteered his info was when he wanted a reduction ( & got it), so in my opinion that doesn't make him look very good.
As far as undue hardship goes, I have heard it depends on the judge you happen to get. I have looked at the formula used to calculate UH, and if his wife is working (we're unsure as he's submitted conflicting financial statements), they have a higher standard of living. If she's not we do, but only by a few hundred dollars - not exactly a drastic difference.
My understanding is that the hardship has to be profound - as in don't know where your next meal is coming from - and if he's making that kind of money that isn't likely.
I have read everything I can get my hands on, but would love to know what ACTUALLY happens in court, know what I mean?
Thanks again for your reply!