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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 05-10-2012, 12:58 PM
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Default Ex decided he won't give me copy of his ITR

According to the court order, we are supposed to exchange out income tax returns in April. I gave him mine May 1st (the month of April was for the first time--we used to exchange in June) and requested he send me his. He hasn't responded.
The child support amount only runs until June, then it's to be a new amount starting July 1st. But a new amount can't be determined because he won't supply me with a copy of his ITR. Since payments are made through FRO, does that mean he won't be expected to make CS payments until there is new court order ( Form 15D--Consent Motion to Change Child Support, which is what we used last year)?
I can't take him him to court without "leave" from the court (how do you ask the court for leave/permission, if it comes to that?)
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Old 05-10-2012, 03:19 PM
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Originally Posted by Epona View Post
According to the court order, we are supposed to exchange out income tax returns in April. I gave him mine May 1st (the month of April was for the first time--we used to exchange in June) and requested he send me his. He hasn't responded.
The child support amount only runs until June, then it's to be a new amount starting July 1st. But a new amount can't be determined because he won't supply me with a copy of his ITR. Since payments are made through FRO, does that mean he won't be expected to make CS payments until there is new court order ( Form 15D--Consent Motion to Change Child Support, which is what we used last year)?
I can't take him him to court without "leave" from the court (how do you ask the court for leave/permission, if it comes to that?)
1. Complete and and serve the other party with an official Form 20 "Request for Information".

2. In the Form 20 simply CUT AND PASTE the paragraph from the order where the NOAs are to be exchanged.

3. Sign the Form 20 (doesn't need a lawyer as it is not an affidavit) and send it via courier with signature service to the other party.

4. Wait 20 days until such time you do not get a response to the Form 20 request for information.

5. Complete a "Form 15" (Family Law Rules) (motion to change) Form 15 of the Family Law Rules, O. Reg. 114/99.

6. Write a short Affidavit (Form 14) and attach the Form 20 you sent, and the proof of service. Request the disclosure of the NOA from the other parent in accordance with the court order, an adjustment of the child support in accordance with the order and the FLR and for all costs of the motion.

Good Luck!
Tayken
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Old 05-10-2012, 04:33 PM
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Are you sure he's not still waiting for his Notice of Assessment so he can give it all to you then? We're not even two weeks past filing deadline; give CRA a chance.

It's weird that you exchange in April.
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Old 05-10-2012, 04:39 PM
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I agree with Rioe, it is wierd that you exchange in April. I also find it wierd that you exchange your entire tax returns. I was under the assumption that a Notice of Assessment was all that was required.

My sep agreement states we are to exchange notice of assessments only.
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Old 05-10-2012, 04:56 PM
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Originally Posted by cashcow4ex View Post
I agree with Rioe, it is wierd that you exchange in April. I also find it wierd that you exchange your entire tax returns. I was under the assumption that a Notice of Assessment was all that was required.

My sep agreement states we are to exchange notice of assessments only.
Generally this is what is ordered. NOA's come before June 1st generally.

I have to admit CashCow4EX that I am surprised your separation agreement only includes the exchange of notice of assessments only! Based on past requests of disclosure and S7 expenses you have had to field shouldn't it include your dog's financial statement and your neighbor's brother's cousin twice removed NOA too?

Hope all is well with you!

(Any new stories?)

Good Luck!
Tayken
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Old 05-10-2012, 05:20 PM
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Quote:
Originally Posted by Tayken View Post
Generally this is what is ordered. NOA's come before June 1st generally.

I have to admit CashCow4EX that I am surprised your separation agreement only includes the exchange of notice of assessments only! Based on past requests of disclosure and S7 expenses you have had to field shouldn't it include your dog's financial statement and your neighbor's brother's cousin twice removed NOA too?

Hope all is well with you!

(Any new stories?)

Good Luck!
Tayken
LMAO, you are too right. I am surprised to that she hasn't asked for all kinds of extra paperwork.

As far as new stuff she has been surprisingly quiet lately. That could also be because she is fighting a yeast infection in the mouth (thrush)...and I wont say anymore on that

Yes I will....I guess thats what she gets for making up for lost time...
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Old 05-11-2012, 12:50 AM
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Im stuck in the same situation. I sent my income information 1 year after the date of the order ( november) and requested the ex provide me with his. No response. Waited a few months, requested again. No response. Finally after I "harassed him" again, finally text me and told me they are doing the last two years together. He is self employed and showing numbers less than minimum wage, why bother? CS is imputed ( even lower than what they were making before becoming self employed, they jumped all over our low ball amount, cause my lawyer convinced me any amount was better than the 2 years of not receiving a penny to help support the child
Question I have is our court order does not state when to exchange (just says annually) and why do i need to provide more info if they are not supplying the basics? (to help determine s.7 expenses etc) oh and question- self employed has different deadline-- anyone know what time?

Last edited by tugofwar; 05-11-2012 at 01:10 AM.
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Old 05-11-2012, 11:35 PM
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Self-employed - can depend if he/she operates as a proprietorship or an incorporated company. If incorporated they have till June. I believe sole proprietorships are the same as everyone else - April 30. Could be exceptions to this so check it out carefully. Try to find out if he incorporated.
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Old 05-11-2012, 11:38 PM
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My ex is self-employed. No chance in hell I would ever accept his NOA! I had it written into our divorce judgement that he has to provide "original" copies of all invoices, expenses and receipts. Lived with the a-hole for 30 yrs and know how crooked he can be. An NOA for someone like him is pure fiction. How and when he files his taxes is of no concern to me.
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Old 05-12-2012, 03:14 PM
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We used to exchange tax returns in June when he was self-employed. Now he isn't, I believe. Apparently he sold his practice and works on contract. Anyway the court order, as determined by a judge, says we are to exchange tax returns in April this year, (and assessments as soon as we receive them after April), not June as we used to.
I can understand he might be filing late, but why not send me a quick email to let me know that?
My concern is that when July comes round, there is NO child-support amount effective from July, so in the eyes of FRO, would $0 be okay? Or would FRO expect him to pay the amount he currently pays?
I don't want to go to court, since I've got the added (unknown) step(s) of getting permission from court before I might be able to do anything. Shouldn't be going to court over something like this....
Self-employed deadline is usually June.

Last edited by Epona; 05-12-2012 at 03:15 PM. Reason: Adding
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