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  • CS/SS Support

    Hi Forum,

    how far back I can claim the CS and SS?

    Here is the background. Separated about 4 years ago, 2 children, one lived with me, another with ex. The ex claimed in affidavit being unemployed, and as a result I paid for years both CS and SS.

    It now appears that ex has lied, and was in fact was making over 100k income - I wasn't aware of that, nor the CRA, but I've got a solid evidence in hands that ex was employed with copy of contracts despite 0 income reported to CRA, aside of SS. It could be a challenge calculating how much exactly ex was making, being on a contracts, but fact is it was more than 0, way more than 0 claimed.

    Based on the ex income the offset support should've be around 0, as two children, one lived with me, one with ex, and about equal income, but with ex lied I had no option but to pay both SS and CS.

    We now off court - there is a final order, but it has been achieved by misstating facts about employment. I did overpay significant amount in both CS and SS, not to mention legal fees. Is there any venue reclaiming missed CS from my ex for the child lived with me after the final order, or family court doesn't care about lying in affidavit about financial statement after the final order?

    Thank you




  • #2
    For child support you would be able to request three years back support. If you successfully prove your ex lied on their previous filing then it may be pushed as far back as the case started or when you started paying.

    Your evidence will need to be air tight though. As in, not hearsay or a photo of them working somewhere. It needs to be something they can't argue away.

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