Change in Child Support

[d002]

Hi, I am trying to learn this as I go since I am representing myself for monetary reasons. I understand that if there is a change in salary we are to notify the appropriate people to have the child support redetermined. In the last 5 years my ex has not submitted his income tax (or asked for mine) because he was making more money, however so am I (he knew this). New marriage, new baby comes along and 'new' wife wants cs reduced so now he is requesting the income tax forms, I have no issue with this as long as he declares all 3 of his employment t-4's, can I send a request to ensure they are all taken into account? If cs is reduced since I am working again now (I lost my home job when he left - had a daycare and was forced to sell the house) do I owe him 'back pay' for overpayment even though he is only requesting this now?
Will they take into account that he now has a new baby and thus reduce the cs? If so, any idea how much?
The first time around I was told by my legal aid lawyer that if I pushed to get his 'undeclared incomes' and 'bonuses', they could not enforce he provide it since the divorce is in QC and he works in ONT. They said his 'employer' will merely back him and they could say his salary is even less thus ending with my children receiving less. Is this accurate as well?

Thank you so much!!!

[Unevenplayingground]

Hi,

From what I know of the system, you are supposed to be going by your income tax returns. Each year, you should be exchanging complete copies of your tax returns as well as your assessments. I think you go by line 150/151. So all three of his t4's would count. He is legally obligated to include all sources of income for cs purposes.

Basically you will always be a year behind on what his/her income is, but it seems to be the best way to handle it. If there was a change in his income he can request a reduction at that time. Also, if you have a higher standard of living than him and he qualifies for undue hardship, he can request a reduction in cs. From what I have been reading, even when a person qualifies, they don't usually get the request approved.

Here is some information on undue hardship:

SECTION 10: UNDUE HARDSHIP - Children Come First: A Report to Parliament Reviewing the Provisions and Operation of the Federal Child Support Guidelines - Volume 2

I am a mother that receives child support at a reduced rate, my choice. I think the cs amounts are outrageous in some cases. I do find the courts tend to favour the mothers, and the guys are pretty much put in their corners. I get all the tax breaks and tax free cs, that even at a reduced rate covers more than my ex's share. I think sometimes we have to think about how worth the fight is.

One more thing, you may be able to claim your legal fees on your income tax. It doesn't make a huge dent but it would help. Maybe if you go get advice on what action to take from a lawyer regarding the child support and then handle the rest on your own? Would save you a lot of money, and you could still possibly claim the legals fees you did have. Btw, your ex can't claim legal fees, only the parent receiving cs. Crazy system.

Good luck!