What can I do?

[mom2kids]

I think my ex is purposely reducing his income and raising his expenses in order to appear at a disadvantage. I made a motion to raise CS in January and he has made noise about claiming undue hardship. If the court entertains this are we able to request his past two years work schedule and expenses to show what he's trying to get away with? He works out of province and self-schedules, and is claiming he has very high employment expenses. He's currently paying CS based an an income of $22,000, and made $90,000 last year, more the year before that. This is a big game to him, but our kids have done without for a long time, and post-secondary education is looming.

[wretchedotis]

I really don't have an answer.

But a thought... If he's hiding income from you, and you are using his tax returns as a source for his income - maybe you can report him to CRA as avoiding taxes. To under-cut you - he must be under-cutting the government too.

[dadtotheend]

Even if h'e's not declaring the income you can have it imputed to him by the court.

[mom2kids]

Sorry I wasn't very clear in my post - he's not misreporting his income, he's purposely changed his work schedule so as to reduce his income and increase his expenses. He works out west - has always worked 3-6 weeks at a time and then flies home for 2 weeks. Since I filed my motion he is suddenly working 2 weeks on, 2 weeks off - travelling more often, and I'm sure bringing in less money. I'm sure once the court case is settled, he'll go back to his original schedule. Just wondering if I'll be able to have the court look at his previous working/travelling patterns to point out what he's doing. It just seems the changes are very convenient with him trying to push a hardship claim right now. Thanks for your replies!

[dajackal]

You will need alot more proof than "I think" in a court or otherwise. CRA will take your phone call and ignore you unless you have proof. so will a judge. All of our input in court is commisioned (sworn to be true). A bitter ex saying "I think" will mean nothing...

where it's hard to accept less money or no raise in CS.. it's quite possilbe he makes less.... judges hear this every day as the recession has affected us all. for someone to make a motion to raise CS should be sure he/she isn't wasting her/his time.

[Mess]

If he has a reason to change his schedule, the courts may very well accept that, expecially if it's to visit the kids more regularly.

[mom2kids]

Your reply confuses me dajackal...this has nothing to do with CRA. He has submitted his past 3 years tax returns in response to my motion and he has indeed made more money (much more). His response was to request my family's financial records in order to explore undue hardship. He has, as a matter of fact changed his working & travelling schedule. I think that if we are all laying our cards on the table financially speaking, I should be able to question this convenient change, especially if he is currently "underemploying" himself in order to possibly raise his chances of claiming undue hardship. We are talking about a substantial increase in income, thus there should also be an increase in child support. I'm not asking for anything beyond table amounts. He has gone to great lengths in the past to not pay his child support, and has been chewed out by judges for doing so. If anyone can be accused of wasting the court's time, it would be him.
Not bitter, just tired of him playing games with our kids and their support. Thanks for the reply!

[mom2kids]

Thanks for the reply Mess. I would just like some justification, given the antics he has put forth in the past. He has been home 2 weeks, lives 15 minutes away and has called the kids twice and made no attempt to see them, so I doubt that more time with them is his motive. He has quit numerous jobs to avoid CS, had a relative forge documents,etc. I have grown to distrust him with good reason, unfortunately.

[billiechic]

When did you file? when did his schedule change? CS for 2010 would be based on his income for 2009, so if it is a recent change then it won't impact this year. He will have to pay CS on that $90,000 income.

You CAN have his income imputed, but it is difficult.

[Nathank]

My ex has been caught asking our daycare lady to make up reciepts higher then actual..she does not know that I know yet, but I DO have a written and signed paper from the daycare lady stating that my ex had on several occations asked for higher then actual receipts to make it so that I would have to pay her more.. I already pay $912.00 a month and I have shared custody (for starters does that number sound fair to anyone???) I went to the police and they said "she will be charged if I hand in the written/signed paper from the daycare lady) Also now that the daycare refuses to care for our daughter I am forced to pay alot more anyways for this new "regulated daycare".. the increase of cost is doubled...so I am forced to pay double because my ex reuined her relationship with our daycare...she also lied to me about the reason for changing daycare. (she said the lady wont be watching any kids because she is starting her own business) obviously not true....The only way I found out is the Daycare lady phone my wife and I and told us all the things my ex did...and said (bashed my wife and I infront of my daughter). I would like some advice on how to go about getting justice...Everyone says its all about the kids.....but why are most of these arguments about MONEY!!!

[bayleaf]

nathank, I think the question raised in your last sentence is by far the most interesting. How do you answer it?

[Nathank]

honestly.........thats how you answer it......look back at the posts.

[Nathank]

let me re-phrase....how many "why isn't the father of my children spending more time with his kid(s)"....as compared to..."where is my MONEY".. posts...

[Nathank]

let me re-phrase....how many "why isn't the father of my children spending more time with his kid(s)"....as compared to..."where is my MONEY".. posts...

I know this is a little harsh...and yes my kids do come first. My wife and I just had our first (obviously I have a daughter with another lady). I love having shared custody (I had to fight and pay to get it...all worth it). But with that comes my resentment towards the way the guidelines are set up. Our son will have less oportunity throughout his life because I will not have the finacial support that I am "forced" to pay for my daughter...I am NOT saying that I shouldn't have finacial responsibility for my daughter, but I am having a hard time understanding the amount I have to pay...I pay my ex more then I can or could afford to spend on my daughter for the time I have her...In my daughters eyes (she is 4) her Mom is the better parent because she can buy her lots of toys and lots of candy, and I am the one that looks bad because I have no money left over to put her into gymnastics this month. (this breaks my heart...like i am incompitent).. $912 a month for child support/75% of daycare? and she only has her for half a month?? do i not have the right to be a bit upset....I WISH I could spend that much on my daughter for the time that I have her... I WISH.
Please be honest....Am I in the wrong for thinking this way? should I just shut my trap..and continue to live bordering bankruptcy, and just be thankful I have two beautiful healthy kids, and not worry about everytime my wife and I go shopping and my debit card says "insufficient funds".

this does stress me out...weither I am in the wrong or not...

sorry for the Rant.

[bayleaf]

the rant was fine, and I share your frustrations. I think the federal child support system is seriously messed up, for many reasons that I might talk about later. But a question about your situation. Why are you paying so much when "she only has her for half a month"? If you have here the other half, why are you paying at all?