Self representing, got her laywer's answer, but

[maple_2009]

Case background:
1. Separated since Oct 2007, paid $2000/month to her in past two years
2. I made many attempts to settle to an agreement with her, she either doesn't accept my offer or refuse talk to me
3. She lived with her b/f since the 9th month after saparation.
4. She has a F/T job in past two years making 40000
5. Her b/f has a F/T job, making 100,000
6 They live together at her house since jun 2008
7. One child, live with her, i have access every other week
8. I submitted a simple divorce application Nov 2009

Got her answer now.

in her answer, she said i agreed on $2000/month on child support. I never agreed on that.

She didn't claim her spousal support in 2007 and 2008 in T4. Is that consider tax fraud? Is that the reason she put $2000 amount as child support?

what should I do for this? Can I say she has tax fraud in 2007 and 2008? Can I ask her to provide a new financial statement?

We didn't have any legal agreement.

We verbally agreed on give her $750/month as CS, $400/month as spousal support, $900 on extra spendings, and the money i gave her was more than 55% of my net.

In the financial statement, her monthly incoming is more than mine.

She also asked for a $2000/month spousal support retroactively to Oct 2007 and for 3.5 years in her answer.

She took our child to another country, lived for half year during our marriage. I had no access and she used her mother was sick and had surgery as an excuse. Her mother didn't have surgery during her stay in that country with the child

She threaten me saying that no money no access in email. I have that email.

[littleman]

For the Child support amount this is only determined by table amounts......if she makes more that you at work then she is not entitled to spousal support and a judge will see this......her current bf/husbands income is irrelevant.....for extras this is section 7 and these are determined on as need basis....the only that is not is daycare if applicable......she cannot withhold your access........no matter if you pay the support or not.....my case is with FRO and ex has been behind and there is no way that I would stand between ex and our child.......no matter if there was anomoisity there and/or no support... that is still my childs father........

[maple_2009]

For the Child support amount this is only determined by table amounts......if she makes more that you at work then she is not entitled to spousal support and a judge will see this......her current bf/husbands income is irrelevant.....for extras this is section 7 and these are determined on as need basis....the only that is not is daycare if applicable......she cannot withhold your access........no matter if you pay the support or not.....my case is with FRO and ex has been behind and there is no way that I would stand between ex and our child.......no matter if there was anomoisity there and/or no support... that is still my childs father........

Thank you very much!

In her answer, she replied that I agreed on gave her Child Support $1800/month.
But CS should be the table amount regardless what's in her answer. Is that right?

The point I am trying to make is she didn't claim her Spousal support in 2007 and 2008 in T4. Is she tax fraudulent in that case? Is that relevant to my case?

[maple_2009]

For the Child support amount this is only determined by table amounts......if she makes more that you at work then she is not entitled to spousal support and a judge will see this......her current bf/husbands income is irrelevant.....for extras this is section 7 and these are determined on as need basis....the only that is not is daycare if applicable......she cannot withhold your access........no matter if you pay the support or not.....my case is with FRO and ex has been behind and there is no way that I would stand between ex and our child.......no matter if there was anomoisity there and/or no support... that is still my childs father........

We are not divorced. I filed a simple divorce to get divorce.
Because my son(6-year-old) told other boys(10-year-old) that he has a sister which is her b/f's daughter.
Those boys told him if he and her are not married, then she is not his sister.
My son was confused and frustrated, more importantly, he was shamed.

[littleman]

unfortunately with the way the taxation laws are written (many grey areas) she can claim this money was for CS and it is non taxable and you cannot claim a deduction for it either.......my ex doesnt claim he pays me CS but I still claim on income tax.......but spousal support is different....you both have to claim....the only way you can dprove her deception is if you have cancelled cheque that states in memo portion was for spousal support

[maple_2009]

unfortunately with the way the taxation laws are written (many grey areas) she can claim this money was for CS and it is non taxable and you cannot claim a deduction for it either.......my ex doesnt claim he pays me CS but I still claim on income tax.......but spousal support is different....you both have to claim....the only way you can dprove her deception is if you have cancelled cheque that states in memo portion was for spousal support

Thank you very much again littleman.

I paid her by bank transfer of all $2000, and I didn't break items down.

She didn't claim spousal support.

[littleman]

with that information there is nothing you can do to dispute her claims however like I said she committed no fraud here....she could claim was for child support then CCRA would drop matter
Good Luck!!!!!!

[maple_2009]

with that information there is nothing you can do to dispute her claims however like I said she committed no fraud here....she could claim was for child support then CCRA would drop matter
Good Luck!!!!!!

Thanks for your help lilttleman.

The original goal that I file the simple divorce is to get a divorce.
Now should I bring a motion to sever the divorce from the corollary issues?

What time I can bring up this motion?

I pay full table amount of child support other than $2000 since Oct 2009.

[Mess]

unfortunately with the way the taxation laws are written (many grey areas) she can claim this money was for CS and it is non taxable and you cannot claim a deduction for it either.......my ex doesnt claim he pays me CS but I still claim on income tax.......but spousal support is different....you both have to claim....the only way you can dprove her deception is if you have cancelled cheque that states in memo portion was for spousal support

He should claim, and then point to the CS tables and say that there is no way in the world he would ever have agreed to pay more than twice the table amount. Her claim would be seen as ridiculous and she would pay.

[today]

That is excellent advice Mess. agree 100%.

[billiechic]

I can't see why anyone would expect that the full $2000 would be for the child only. How could anyone spend that much on one child every month. If there is only a verbal agreement the judge would probably look at what is likely. Highly unlikely that anyone would pay double the table amount for one child.

[maple_2009]

I can't see why anyone would expect that the full $2000 would be for the child only. How could anyone spend that much on one child every month. If there is only a verbal agreement the judge would probably look at what is likely. Highly unlikely that anyone would pay double the table amount for one child.

Thanks Billiechic.

In her answer, she said that I agreed to pay child support $2000/month. But she has no proof for that.

And anyone hear the case that ask for a $2000/month spousal support, retroactively since separation for 3.5 years? How would judge think about this request?

[billiechic]

How does she calculate it that she deserves $2000/month for spousal?

[maple_2009]

How does she calculate it that she deserves $2000/month for spousal?

She didn't show how she made the calculation.

Her reasoning in the answer was she worked at minimal wage to support my phd study back in 2003-2005. She was disadvantaged by doing that.

The situation was my scholarship, TA and RA supported the whole family in my PHD study. She had nothing to do at home and she didn't want to get higher education. So she decided to take cashier job. I have real numbers to show judge that my scholarship, TA and RA supported the whole family.

I dropped off from my phd program because she got pregnant and I start to work till now after drop off my PHD.