Motion to Vary Vs. Default hearing!

[MikeOwenSound]

Question to all you forum readers.... My ex-wife has put a motion to vary (child support) to avoid a default hearing. (Yes, I have full custody of my children and she has access only on every second weekend) Is this a common act of someone who is about to have a default hearing and is in arrears in excess of 20,000 dollars?

Secondly, she lives with someone and declares no income and claims she does not work. The household income is listed as less than 5,000 dollars and they run a business that appears to be prosperous. Do I have a right of disclosure of the household income? As well, do I have a right for disclosure of business income and assets and expenditures?

Curious for suggestions and information.

Mike

[logicalvelocity]

Fro's enforcement measures are stayed until the variance. I suspect, they will have some explaining to do with respect to their court ordered obligations.

Welcome to the forum.

[MikeOwenSound]

Thanks Logical. I look forward to reading many more responses on this topic and many others that people post.

warmest regards

[Daves]

my original court order in 2001 said that I pay my ex $249 a month for child support which was below the guide lines, also in 2006 she reiterated that 249 and signed a court paper stating that she knew it was below the guidlines.We went in front of a judge in Oshawa who wouldn't let me talk and said that that doesn't matter. Now she is going after the free cash. I have had this for 42 years and never thought in this country I could be treated so ignorantly by a judge.

[dadtotheend]

my original court order in 2001 said that I pay my ex $249 a month for child support which was below the guide lines, also in 2006 she reiterated that 249 and signed a court paper stating that she knew it was below the guidlines.We went in front of a judge in Oshawa who wouldn't let me talk and said that that doesn't matter. Now she is going after the free cash. I have had this for 42 years and never thought in this country I could be treated so ignorantly by a judge.

What's ignorant about this post is:

1.Your understanding of the word ignorant. Check Ignorant | Define Ignorant at Dictionary.com

2.Your understanding of the law regarding CS. You can't just contract out of CS. The court prioritizes the child's interests. In any issue of disagreement between the parties the court will always fall on the side where the child's best interests are served. You call it "free cash". The court calls is "child support". Consider yourself lucky that you have paid CS "which was below the guide lines" until now.

[MikeOwenSound]

So am I allowed disclosure of the business they run together? (i.e. assets, income, expenditures. And, how is it a household can less than 5,000 dollar income and survive?

[billiechic]

A household cannot run on $5000 a year, that is blatantly obvious. I don't know how you can ask for disclosure, but someone here should know. Anyone??

I'm guessing the easiest thing would be to ask to have her income imputed (what she is capable of earning). Unless she claims undue hardship, which would open up the chance for you to ask for disclosure on the partner and business.

[Daves]

[quote=dadtotheend;51439]What's ignorant about this post is:
the reason she asked for that amount is because she wanted a 1000 dollars a month for herself and believe me I have more than supported my kids, paying all their school trips phone bills etc their mother payed for absolutely nothing she was the one that came up with that figure not me.
One trip alone cost me over $4000 to go to Italy. Do I begrudge it no that what dads do, but she renegs on an agreement.

[billiechic]

sorry Daves, but you are ignorant of the way family law works. You could have disputed the costs for the trip (it probably was excessive), and she has EVERY RIGHT to ask you to pay CS according to the law (federal guidelines).

Is the $1000/month she's requesting for spousal support, or it that the guideline CS?

[logicalvelocity]

A household cannot run on $5000 a year, that is blatantly obvious. I don't know how you can ask for disclosure, but someone here should know. Anyone??

I'm guessing the easiest thing would be to ask to have her income imputed (what she is capable of earning). Unless she claims undue hardship, which would open up the chance for you to ask for disclosure on the partner and business.

Fro has to seek relief by way of order, for third party financial disclosure, connected financially to the payor. See Section 40(4) and 40(5) of the respective. However, enforcement measures are effectively stayed until the variance is heard.

[MikeOwenSound]

thanks for the info, I am in court again this coming week and will ask more questions and let you know how it turns out.

[MikeOwenSound]

Thank goodness for commonsense judges. Woo hoo SLAM DUNK! Judge told the ex-wife to pay her child support. Runniing a business that does not per her a salary or hourly wage is not an excuse for not paying child support. The judge told her to go get a job in her field of expertise or a job that pays of equal wage according to her skill level and education or else she will be going to jail.

I had to look at the floor to prevent from smiling. My lawyer even said that she has never heard a judge say it so blaitantly and obviously.

will keep you updated. Now they want to try a case settlement.

[billiechic]

Awesome!