Quick over view..
Ex filed a Motion to Change our final order because he wanted:
1. reduce child support based on new income of 23K. (originally 38K imputed for lack of financial disclosure and self employment)
2. Change meeting exchange location closer to his home. ( He moved 235KM away from children to be with new wife)
3. If meeting place not changed, reduction in payable support to cover costs and time of travel.
4. S7 proportionate to new income of 23K.
5. Clothing for the children, sent by me, to his home for his access weekend with the children.
My argument against the MTC is that there is no material change and MTC should be dismissed. I also made a Request for financial disclosure, (as per a post from Tayken)
First appearance, he no showed, sent his lawyer, was then scheduled for DRO. Case conference briefs served to me the night before court, and financial request was pretty much denied. Again he doesn't show for DRO conference, just his lawyer. Sitting with DRO and all suggestions are made. DRO actually says "Ex has no case here". Judge will not reduce child support because EX chose to take a lower paying job as a result to move to be with wife. Judge will not support making mother drive and hour an a half further, again because EX chose to move further away. Support cannot be reduced due to a move and longer travel times. It was EX's choice to move, not children's, nor mothers.
All the above made me a very happy person.....with this expection...DRO suggested child support be reduced to reflect last Canadian income.(31K) Tells EX's lawyer to do up minutes of settlement, and have me sign, send originals to EX, have him sign, file in court and new order to me made!! No need to come back to court on this matter.
I'm game, I'm happy, I'm "jiggy with it", pretty happy that I self reped and got what I wanted and am ready to sign off on all his stupid requests that didn't work for him!! But as I wait for lawyer to draw up minutes of settlement, I start to think and replay the whole conversation in my head that just happened with the DRO...and then I realize that I am not happy with the chld support being reduced to reflect 2013 income. Not a big deal to some, or me even.....if the income was a true reflection of money earned.
December 2012 final order was made. 38K imputed as projected income due to lack of financial disclosure, as well as the fact that EX is "self employed" and has certain amounts of tax breaks. 2013 income is with same "Employer". NOA states 31K as income. All of this I can agree too...but I know that he worked for cash on some jobs, received tips on most, and has tax break benefits that would increase his income. Can I prove it...I'm not sure. He has one T4 for 2013....but it is filled in in his own hand writing. What I mean is it looks like to company said here is a blank T4, with out company letter head filled in already....you just imput the numbers you want to claim for taxes. This infuriates me. I will sign off on minutes of settlement IF he can prove that he only made 31K in 2013. Can I request to see his last paystub of 2013, and see if the numbers he imputed are matching to the last paystub? My ex has always been sneaky and secretive with financials, and I don't want to settle until I know I have exhausted all means of providing financials. The judge in our final order saw right through my EX and imputed 38K when NOA only stated $3,600.00. DRO tried to tell me NOA is golden, and I didn't want to start a pissing match with her....but I disagree. Next DRO conference scheduled for October.
Thoughts, comments, concerns, questions....lemme have em.
Ex filed a Motion to Change our final order because he wanted:
1. reduce child support based on new income of 23K. (originally 38K imputed for lack of financial disclosure and self employment)
2. Change meeting exchange location closer to his home. ( He moved 235KM away from children to be with new wife)
3. If meeting place not changed, reduction in payable support to cover costs and time of travel.
4. S7 proportionate to new income of 23K.
5. Clothing for the children, sent by me, to his home for his access weekend with the children.
My argument against the MTC is that there is no material change and MTC should be dismissed. I also made a Request for financial disclosure, (as per a post from Tayken)
First appearance, he no showed, sent his lawyer, was then scheduled for DRO. Case conference briefs served to me the night before court, and financial request was pretty much denied. Again he doesn't show for DRO conference, just his lawyer. Sitting with DRO and all suggestions are made. DRO actually says "Ex has no case here". Judge will not reduce child support because EX chose to take a lower paying job as a result to move to be with wife. Judge will not support making mother drive and hour an a half further, again because EX chose to move further away. Support cannot be reduced due to a move and longer travel times. It was EX's choice to move, not children's, nor mothers.
All the above made me a very happy person.....with this expection...DRO suggested child support be reduced to reflect last Canadian income.(31K) Tells EX's lawyer to do up minutes of settlement, and have me sign, send originals to EX, have him sign, file in court and new order to me made!! No need to come back to court on this matter.
I'm game, I'm happy, I'm "jiggy with it", pretty happy that I self reped and got what I wanted and am ready to sign off on all his stupid requests that didn't work for him!! But as I wait for lawyer to draw up minutes of settlement, I start to think and replay the whole conversation in my head that just happened with the DRO...and then I realize that I am not happy with the chld support being reduced to reflect 2013 income. Not a big deal to some, or me even.....if the income was a true reflection of money earned.
December 2012 final order was made. 38K imputed as projected income due to lack of financial disclosure, as well as the fact that EX is "self employed" and has certain amounts of tax breaks. 2013 income is with same "Employer". NOA states 31K as income. All of this I can agree too...but I know that he worked for cash on some jobs, received tips on most, and has tax break benefits that would increase his income. Can I prove it...I'm not sure. He has one T4 for 2013....but it is filled in in his own hand writing. What I mean is it looks like to company said here is a blank T4, with out company letter head filled in already....you just imput the numbers you want to claim for taxes. This infuriates me. I will sign off on minutes of settlement IF he can prove that he only made 31K in 2013. Can I request to see his last paystub of 2013, and see if the numbers he imputed are matching to the last paystub? My ex has always been sneaky and secretive with financials, and I don't want to settle until I know I have exhausted all means of providing financials. The judge in our final order saw right through my EX and imputed 38K when NOA only stated $3,600.00. DRO tried to tell me NOA is golden, and I didn't want to start a pissing match with her....but I disagree. Next DRO conference scheduled for October.
Thoughts, comments, concerns, questions....lemme have em.
Comment