Disclosure vs Order question

[sahibjee]

So last year we had a motion whereas the ex said she wasn't working, the judge ordered minimum wage and ordered her to provide financials by June 1st of each year. Since the ex has a consistant history of not providing disclosure I asked the judge what should I do when the ex does not provide the ordered disclosure. The judge said "You can ask FRO". to me that was a strange answer!

Of course June first came and past, the ex hasn't provided me with the disclosure (she is working now but i dont know what her earnings are). I left a VM for my FRO case worker who didn't respond. Any one knows what FRO is supposed to do to get financial disclosure from the other party?

[Selfrepmom]

FRO is only going to make your ex pay exactly what the order says she should pay. FRO can’t enforce a disclosure order. You need to go back to court to force disclosure (after you request it from her and she refuses) and get an updated order stating new CS amount.

Even though she is working now, do you suspect she is earning much more than minimum @40 hours a week? If not, definitely still ask her for disclosure, but might not be worth the time to take it to court.

Just make sure you request disclosure every year IN WRITING. If she refuses and you find out a couple years down the road that she’s banking some serious cash, you can go after her for arrears

[rockscan]

You could file a form 20. Then you list out what disclosure you want. If she doesn’t reply you can file a motion for disclosure.

[sahibjee]

FRO is only going to make your ex pay exactly what the order says she should pay. FRO can’t enforce a disclosure order. You need to go back to court to force disclosure (after you request it from her and she refuses) and get an updated order stating new CS amount.

Even though she is working now, do you suspect she is earning much more than minimum @40 hours a week? If not, definitely still ask her for disclosure, but might not be worth the time to take it to court.

Just make sure you request disclosure every year IN WRITING. If she refuses and you find out a couple years down the road that she’s banking some serious cash, you can go after her for arrears

That's what i'd think too. I dont think FRO would be able to compelle her to provide disclosure. In any case I think there should be a clause that as long as the order is not changed, "minimum wage" should be recalculated by FRO based on the paying year's minimum wage so that parties don't have to go back to the court every time minimum wage changes.

[rockscan]

That's what i'd think too. I dont think FRO would be able to compelle her to provide disclosure. In any case I think there should be a clause that as long as the order is not changed, "minimum wage" should be recalculated by FRO based on the paying year's minimum wage so that parties don't have to go back to the court every time minimum wage changes.

Get the form 20 done and then file the motion for disclosure. You could also ask for costs.

There are people out there who don’t follow agreements. Your ex is one of them. Prepare to do this annually.

[sahibjee]

So finally FRO called back, said exactly what you guys said, they can't enforce an order of disclosures, call a lawyer and ask.

[rockscan]

Go here:

http://ontariocourtforms.on.ca/en/fa...w-rules-forms/

Go to Form 20 Disclosure. Fill it out. Take it to the courthouse and file it. Serve her. Wait for 30 days.

If she does not reply. Go back and file a motion. You don’t need a lawyer to do this part.

[Selfrepmom]

. In any case I think there should be a clause that as long as the order is not changed, "minimum wage" should be recalculated by FRO based on the paying year's minimum wage so that parties don't have to go back to the court every time minimum wage changes.

Does your order say “based off minimum wage” or “based off of $14/hr” (or an annual salary equal to $14/hr)? If it says $14/hr, then that is what FRO will go off of. If it says based off of minimum wage, you MIGHT be able to get FRO to enforce that when there is a government mandated wage increase.

However, with the current government, I don’t think that will be an issue in your near future.....