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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-23-2006, 02:22 PM
Peggy Peggy is offline
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Default child support question

OK. So the amount of child support has been noted, according to number of children and salary. But how will I know if he gets a raise, thus raising the amount of monthly support? Of course, I'd like to believe he'd do the honourable thing and tell me, but otherwise how does one find out, without having to go to court and garnish his wages (I don't want to do that unless I really have to)?
Old 01-23-2006, 09:04 PM
logicalvelocity logicalvelocity is offline
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Not sure if you are located in Ontario, but the relevant statute the governs the quantum amount of child support recognizes the scenario you presented.

By law you have the right to ask for a financial statement

Family Law Act

Ontario REGULATION 391/97

Amended to O. Reg. 446/01


Section 25 subsection 1 deals with this

Continuing obligation to provide income information

25. (1) Every parent or spouse against whom an order for the support of a child has been made must, on the written request of the other spouse or the person or agency entitled to payment under the order not more than once a year after the making of the order and as long as the child is a child within the meaning of these guidelines, provide that other spouse, or the person or agency entitled to payment under the order, with,

(a) the documents referred to in subsection 21 (1) for any of the three most recent taxation years for which the parent or spouse has not previously provided the documents;

(b) as applicable, any current information in writing, about the status of any expenses included in the order pursuant to subsection 7 (1); and

(c) as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship. O. Reg. 391/97, s. 25 (1).
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