Announcement

Collapse
No announcement yet.

Child Support

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Child Support

    I have a daughter who is 2 and a half. She was born May 2007. Her father and I never lived together.

    In September 2007 I filed an application for Child Support. He did not show up to the scheduled court date, nor did he respond to the application.

    In Feb 2008 the judge granted my order for child supoort, which was based on Human Resource Canada Salary info because my daughter's father did not file a fainancial statement or income tax returns. The order was also back-dated to May 2007 when my daughter was born. The judge also granted payments to contribute to daycare expenses.

    Now in August 2009 (18 months later), my daughter's father has served me with a motion to change. He want's his arrears wiped out based on his income being a lot lower since the order was granted, and wants to pay $0 going forward. This is based on the fact that he has not worked since November 2008. He has been working for himself, not claiming any of the income. He claims he spends $2300/month in expenses but no income, no debt. He lied and said he pays rent, but I know he does not and lives with his grandmother. The address he himself claims he lives at is his also where his grandmother lives, and she ownes the home. He claims he does not expect his financial situation to change. He is 27yrs old, University Degree. I know he is intentionally not employed because he does not want to pay child support. Any advise on how to respond? What the judge might say to this?

  • #2
    I'm sorry that your daughter's father is not stepping up to the plate when it comes to being responsible for the child he helped bring into the world - intentional or not. Your daughter is an innocent being that deserves the love and support of both parents, or at the very least, the financial support of both parents.

    I think that regardless of the father's claims, a judge would likely order him to disclose income information. If he does not disclose this info, I believe the judge would impute income to him and base child support on that. I also doubt that the arrears would be erased.

    Have you been receiving your CS payments on time and in the ordered amount?

    Comment


    • #3
      No I have not received any consistent, on time payments.

      Only some payments before he lost his job, and some federal funds.

      Comment


      • #4
        Do I need to put something specific in my response to bring up the issue of him having expenses, no income? Or will the judge automatically look at that?

        Comment


        • #5
          ..........

          Comment


          • #6
            Hello

            The Judge will look at it like this....

            If a support payor has EXTREME financial difficulties and cannot meet his/her support obligations, the onus is on him to prove it. The ONLY way he will be ordered to pay $0 is if he is essentially homeless, unemployed, and unable to become employed (severe disability).

            It is against the law to be deliberately under-employed, and hide income, and if a Judge determines that he is being deceitful, he can impute a $ figure and order him to pay based on that.

            The support payor must fully disclose income to you in the form of the past 3 years worth of income tax returns, notice of assessments, current paystubs, etc. and completely fill out a form 13A which is a financial statement, detailing all of his expenses.

            A Judge can order the CRA to disclose that information to you, without his consent.

            His bill payments, rent etc. really have no bearing on his child support, it is based on his gross income.

            As far as the arrears, the payor can't get out of that either. If he wasn't able to pay, the onus is once again on him to bring forth a Motion to Vary. He can't wait 18 months and then up and decide he doesn't want to pay. It just doesn't work like that. The delay alone is enough to get his request denied.

            He is bringing forth the Motion, so he's running this show. He has to prove everything, you really don't need to worry!

            And I know it is tough right now, but no matter how much he fights it, child support is your daughters right.
            He will eventually have to pay it, otherwise it will destroy his credit, he'll loose his drivers license, and eventually end up in jail, if he doesn't.

            Good Luck

            Comment


            • #7
              Thanks for your response.

              Comment


              • #8
                I would contact Revenue Canada and have them investigate. Especially if he can afford to pay $2300/month in expenses he definately has money coming in.

                He should have to pay child support, he needs to take responsibility for his child. Granted they do work child support by a grid per province and I know if it's low income they don't have to pay it, however when they are making money they have to pay back support.

                Comment


                • #9
                  He has provided last 3 years tax returns (06, 07, 08). Which show his income at half of what was used to calculate his child support.

                  Based on his tax returns, if he had of responded back in 07 and provided financial information he would not have had to pay, if it was strictly based on Income.

                  My concern is they may allow him to not pay, based on not working, and wipe out his arrears.

                  Then he can get his passport back, and go live in the states with his new girlfriend and that will be the end of him?

                  I want to make sure I do whatever I can to at least keep the arrears there so that he doesn't dissapear.

                  Comment


                  • #10
                    Originally posted by JPenner View Post
                    I would contact Revenue Canada and have them investigate. Especially if he can afford to pay $2300/month in expenses he definately has money coming in.

                    ...
                    What is the benifit of this? Trying to get your childs father in trouble with CRA?

                    Comment


                    • #11
                      Not saying I plan to get CRA invlolved, but, Why should he not be in trouble with CRA?

                      He is not supporting his child, and making money and not reporting it to the CRA? or paying Income Taxes on it?

                      So the answer to your question is, the benefit would be a child being supported by her father, which she is legally entitled to.

                      Comment


                      • #12
                        Given that he is not supporting her at all right now, I think you should stick to getting CS based on what he has provided (assessments). It might not be the amount you should be getting for your child, but it is better than nothing. Once you start to get regular CS, then you can decide if it is worth it to fight for the proper amount. Not fair, but some is better than none.

                        Comment


                        • #13
                          The problem is, based on his income he should pay $0. He wants to keep it that way and is lucky enough to live with his grandmother and have her support him so he doesn't have to work (or can have a low paying job) in order to avoid CS.

                          On top of that, his grandmother does not even know my daughter exists.

                          Do you really think that situation is fair? He is 27 yrs old, University Degree, but doesn't work??? hmmmm...

                          Comment


                          • #14
                            Hey there ANMNP

                            The only way to know for sure, is to go to court.
                            But you are in a good position. A CS payor cannot be underemployed and hide forever.

                            Keep you chin up, and forge ahead. What appears to be today, will be totally different in 2, 5, 7 years from now.

                            Good Luck

                            Comment


                            • #15
                              Originally posted by AMNMP View Post
                              The problem is, based on his income he should pay $0. He wants to keep it that way and is lucky enough to live with his grandmother and have her support him so he doesn't have to work (or can have a low paying job) in order to avoid CS.

                              On top of that, his grandmother does not even know my daughter exists.

                              Do you really think that situation is fair? He is 27 yrs old, University Degree, but doesn't work??? hmmmm...
                              He is being supported by his grandmother, he lives his life and has a roof over his head, money, clothes, etc. Just because he does not have a reported income, receiving support from others would be considered by a judge and an appropriate income imputed. His grandmother is supporting him, and to support you him, you are supporting his children.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X