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  • Last three years

    My friend has worked for the last 3ys and the income has
    varied. Ex is asking for the last 3yrs income , which he is
    prepared to do. His income varied 55/56/67 per year ,
    he knows that he under paid the last two years, but she never wanted to change things. Now she is asking for this. Also he has
    lost his job of 20yrs, company gone bankrupt. He now makes 32
    a year. What can happen here, do you need to go to court for
    the last 3yrs underpayment if so ,
    do you need a court order for this ?
    and if so what would a judge do with the fact that he now makes
    half of what he did, not by choice . And how can he be made to
    pay this difference , when he doesn't have the $$
    any advise for my friend would be wonderful , awful responsible
    person put in a bad financial situation .

  • #2
    The onus is on the payor to provide financial information when requested. This is the law.

    Generally as a rule of thumb with fluctuating income, an average amount is determined by taking line 150 of the last 3 respective years income, 2005, 2004, and 2003 to determine an average amount and comparred against the tables. I suspect they will order a retroactive amount less credit for payments already received.

    If the matter does go before a Judge, the material change of circumstances through loss of employment should be emphasised greatly. I think the judge will give some consideration to this but it is a crapshoot.

    Worse case scenario is take the matter back before the court in a years time and have the amount amended to reflect new calculated average amount including 2006 income. You may have to this in subsequent years to reflect current earnings. Make your ex aware that you plan to do so and she may come to a solution to save a lot of court appearances, case conferences and motion dates.

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