income varies

[ont2005]

My new husband's income has varied in the past 3yrs.
His ex wife is looking for higher child support.
We are confused as his company of 21ys just went into
receivership and he no longer has overtime as the past year's
income reflects. Can we make our lawyer point this out and
come to a proper amount based on the past 3yrs. He could
be without a job and definately making less.

[Jeff]

Hi ont2005 and welcome to the forums!

In determining child support, income for overtime is normally considered.

However, ongoing child support is based on *current* income. If your husband is no longer working overtime for a good reason and can provide proof of this (e.g., a letter from his employer stating that due to the company being in receivership overtime is no longer available + pay stubs that support the fact that he hasn’t been receiving overtime pay) then child support should not be based on the overtime.

[Carla]

ex ignoring court order

ongoing child support is based on *current* income.

I have several questions about my ex ignoring the court order .

My ex refuses to give me copies of his T4 and income tax returns, even though the court order says he must. How can I get this part of the order enforced (or should I even bother)? I have asked him for the documents and so has my lawyer. He still has not provided them (he's not represented by counsel). Even though I don't have proof of his *current* income, I know that it has increased by about $6,500 per year -- he works in the armed forces and the info is available online.

My court order says that child support will be paid in accordance with the child support guidelines based on the father's current income of $-----. That being said, it is my understanding that I need to get a variance to the court order every time his income increases in order to increase his support obligations according to the guidelines. Is my understanding correct? If so, what is the easiest,most cost effective way to get the variance? I don't want the increase in child support just turned into new lawyer fees for getting the variance---is it worth it for an additional $65 per month?

[logicalvelocity]

It is to my understanding that you can request an updated financial statement. If he does not co-operate you could take the issue back to court and seek costs. If you have asked several times formally in writing and so has your lawyer and your ex is evading the issue it appears that he is in contempt of the court order. If it was me I would take the matter back to court just on the issue of not receiving the court ordered disclosure. Once you have the disclosure, I believe you would have to vary the existing child support order in place and you could seek retroactive payments.

One thing to note, is that he is acting in bad faith and to seek your legal costs. You most likely will get this but ultimately it is up to judicail discretion.