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  • False Disclosure

    I have a question....last year my ex and I signed our separation agreement with our lawyers. We agreed on most everything. I now have received a tax bill from the government. They claim my ex made more money...a lot more...then the amount we used to determine child support.
    I have also received divorce papers and was wondering if the courts would consider this separation agreement void as he did not disclose his correct earning?

  • #2
    One of the grounds for setting aside a separation agreement is lack of financial disclosure.

    At this point though, it's not clear that your ex gave insufficient financial disclosure. There could be a number of reasons why his income is higher than used in the separation agreement - for instance, he may have received a large end-of-the-year bonus or perhaps exercised some stock options or cashed in RRSPs.

    However, it certainly is worth investigating why there has been a large increase in his income and whether you're entitled to an increase in child support (perhaps retroactively).

    It sounds like you've been served with divorce papers. Normally, the court won't grant a divorce until the issue of child support is resolved. This provides you with a good opportunity to do this investigation.

    Practically speaking, it may also be easier to ask for a retroactive increase in child support based on the higher income than to try to prove that there was improper financial disclosure.
    Ottawa Divorce

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    • #3
      Financial Disclosure

      I have an oppointment with my lawyer on Tuesday....now I will have more lawyers bills.......Can I ask for him to pay the lawyer bills?

      I have been told ...by a third party..his friend...that his fathers company...ex works there....had an audit from CCRA and found the ex had made more then he claimed on his 2004 tax return. That is why they are asking me to repay child tax credit and the refund I recieved.

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