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  • Child's budget ?

    So long story short. Have a couple questions:

    Father makes almost 500k and lives outside of North America. Everything is paid through work benefits except groceries. He gets a number of benefits and bonuses that I can't prove to be added to pay as he says he cannot share the benefits manual as its " privileged" info and showed a page with redacted info that states he cannot reproduce or share that Manual! He says he could lose his job if he shares it! How can I deal with this and get him to disclose the manual ?

    According to his lawyer c.s over 150k is treated differently. I make minimum wage and father hid his income for almost ten years that has now come to my knowledge. He had been operating a business that he didn't disclose. Arrears are over 150k based on my own calculation without taking into account his bonus and actual income.

    His Lawyer says that child has always had a modest living and paying the actual child support according to guidelines is excessive. Also the arrears would be a windfall and transfer of wealth to mother.

    Obviously I lives hand to mouth and wishing a tight budget for these many years and my child missed out on so many things such as sports / outings/ clothes etc. His needs were minimal because I have to live in a budget.

    I did go in a lot of credit card debt and my credit history is ruined. Where I could afford a little bit before with credit cards , I dont have that option anymore. So yes, my child's living is very very modest. The new child support would be four times more than what he has been paying. And the arrears are well over 150k

    As a rule , judges go back three years but where there is blameworthy conduct where income has been hid judges tend to go back when the actual change in circumstances took place. That's why if we go back ten years it's about 150k . Even if we go back 3 years it's around 80k, but his lawyer says that's a windfall and wealth transfer and I will not be successful.

    He even brought up the child's budget, which obviously is very very minimal based on what my monthly income is .

    Can someone help and guide what my options are and how to courts treat windfall and transfer of wealth , when father deliberately hid high income and didn't pay the correct child support. My child has only a year left for going to university and there is only one year left for child support and then post secondary kicks in. What are the chances to get backdated child support when the child is only staying under care for one year. Would this really be wealth transfer? Child support is the child's right which my son did not get and lived a very modest life. His life would have been so much different if father had stepped up and paid the correct support. My son suffered a lot and I have always been the one who feels guilty

  • #2
    How can you get the benefits booklet? Call up the company he works for and ask who their benefits provider is. Then call the provider, explain you are a spouse of benefit holder and require the booklet. Many are available online.

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    • #3
      Child's budget ?

      Father lives in Middle East and I have tried everything to get that Manual with no luck. It's a different country with different setup. Can't find it online. I only got info through talking to people who work for that company and told me about all benefits, but they will not share the manual itself. Father showed paper that says it can't be reproduced. I will be bringing a motion for disclosure as per judge order but wanted to know what my options are to get this manual. Would a judge still order that manual to be released? Father has a very well known lawyer and I feel like shit when I'm in court and the lawyer puts me down that I don't know nothing.
      Our file is sealed so it's not public available. Maybe I can use that to advantage.? Or ask judge to have a copy and judge can confirm those benefits? Would that work?

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      • #4
        Child's budget ?

        Are they financial benefits or health care benefits. You may be better off just taking his income amount without trying to find benefit amounts and go from there.

        Also, do you qualify for legal aid?

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        • #5
          What file is sealed, and why?

          The benefits sound like a waste of time to go after, especially as Kid will age out shortly. I would stick to his income. There's really no arguing with the FCSG - he should be paying at a minimum the table amount for $150K (more if you can prove his income is higher - I don't know how these things are calculated above $150K). His lawyer's argument that Dad shouldn't pay CS because Kid is used to a "modest living" is nonsense - CS is determined by the income of the parent, not by the expectations of the child.

          As for the "windfall" argument, the concern might be that you would spend it on yourself and not on Kid - could you propose that any "windfall" go into Kid's RESP?

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          • #6
            Child's budget ?

            That's the only child. And starts univ next ur. So don't know if RESP would help?

            Is there any argument against the windfall?

            And he says he will pay for up to 150k guideline c.s and not the one based on 500k.

            What can I ask for that would directly benefit my child ? But I do feel that he is getting away with not fulfilling his responsibilities

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            • #7
              So what's at issue is the difference between CS at $150K (which he will pay) and CS at $500K (or whatever you believe his income is, based on the evidence you have). Have you tried searching CanLII for "child support income $150 000" to see how other people have calculated it?

              As for "windfall", I suspect the argument against it is that it wouldn't be used for Kid's day to day expenses (which is what CS is supposed to be for) because it's so much money coming all at once, and will end up being used for your own purposes instead. You would probably need to show that this "windfall" will indeed benefit Kid, which was my idea for RESP. Have you tried searching CanLII for "windfall child support"?

              I think you really need legal advice of your own. It sounds like you're mainly reacting to Dad's lawyer, and you can't rely on his lawyer to give you sound advice. If your income is minimum wage, you should quality for legal aid.

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              • #8
                I have found cases on canlii that support my position but I wanted advise as this forum is full of info and very helpful and good advice/ posts. Thanks

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                • #9
                  Which middle eastern country is your ex resident in? Saudi isn't a signatory to tax and child support enforcement treaties with Canada, consequently its difficult to get financial information, let alone payments from someone resident there.

                  If that case you would still have an option of going through FRO/MEP creating a case for putting arrears on record, and if your ex returned to Canada they wouldn't be able to collect CPP until the arrears were paid off

                  As reference for an Ontario resident CS for $150k is $1,263/mo and $500k is $3,853. This is flawed since the support table for the payor parent's province of residence should be used. However it could be more given that the regs state that payors in no/low tax jurisdictions could be expected to pay more.

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                  • #10
                    Many Canadians who work in Saudia Arabia actually work for a US company and are paid in US$. I believe if that is the case then you might be successful in collecting.

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                    • #11
                      What are you being offered? Have you considered settling rather than going for "what you are owed"?

                      My child has only a year left for going to university and there is only one year left for child support and then post secondary kicks in
                      Child support is still payable if the kid lives with you in school.

                      If I were you, I would negotiate with the dad to pay all the kids school and the equivalent to his residential expenses (rent, food etc...) if he were living on campus (or to actually pay those expenses).

                      If he is as rich as you say I don't think he'd have a problem paying the real expenses of the child. From the perspective of a payor there is a difference between paying the ACTUAL expenses of a your child and giving the money to your ex-wife who "will pay" the expenses....

                      Comment

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