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  • Disclosure Issues

    I’ve always had issues obtaining financial disclosure from my ex since 2016 when my order was issued. I have settlement conference soon approaching, is there anything that I include in the order to enforce this step or prevent this issue from happening in the future. I heard there is a process where both parties submit there t4 and the adjustment is automatically done every year

  • #2
    It is their T1 and the NOA that is sent and reviewed for update. If your ex is the payor and they won't provide financial disclosure you will need to formally request it each year and possibly go to court for an order for disclosure.

    Comment


    • #3
      Unfortunately I’m the payor. Every year it’s an uphill battle to receive her disclosure. According to the order we are supposed exchange tax information April 30th. May 1st adjustments are made. After two form 20 I finally received her tax information. Two emails with detailed spreadsheet explaining the calculations and new adjustment. It’s now March and we still haven’t made the adjustments. Conveniently we have a settlement conference scheduled to address ongoing s7 and post secondary education. So once again it will be doubt with in court. Last time we were in court to address section 7 arrears and it was battle to receive disclosure then. I want to avoid court if possible. It just happens that both occasions we were in the middle of court to address other matters.

      What stipulation or language can I include in my order to prevent this from happening? Only time my ex corporates is when authority is involved even then it’s different.

      Comment


      • #4
        Request that the section 7 amount be removed and you pay once disclosure is provided. That should get her moving.

        Unless you have shared off set, her income means nothing until she wants money for section 7.

        Comment


        • #5
          Thanks! Rockscan.. that sounds very helpful. I will mention that in my brief..

          Comment


          • #6
            And get an end date with information related to them not being in school. I don't know if any of the below is legit but this is what I'm thinking.


            For instance:

            Support will end at age 18 if the child is not in a full time program of study at the post secondary or technical training level. Should the child return to school on a full time basis pursuing a degree program, support will resume.

            Once support for (older child) ends, the parties will update the new child support amounts and file a motion on consent within 30 days of the change.

            Support will be paid for the children in a full time post secondary program until the completion of the first degree or age 22, whichever comes first.

            (Paying parent name) shall pay full table support for the child if they are attending a program of study and living at home. Should the child attend school away from home, support will be paid on a “summer only” basis which shall be calculated as four months of full table split over 12 months. The recipient will advise the payor and update FRO immediately. If a new support order is required, both parties will file a motion on consent within 30 days of the change.

            Should (the recipient parent) refuse to consent to support updates in accordance with this order, any overpayments will accrue interest at a rate of 2% annually beginning 31 days after the change.

            The children will apply for any and all financial benefits for the purposes of post secondary costs including any available grants, scholarships and bursaries.

            Post secondary expenses will be calculated as follow:

            1/3 the cost of tuition, books, equipment, and residence and meal plans (if applicable) to the child. The remaining 2/3 of the net expense will be split proportionate to income of the parties. The parties will apply all grants, scholarships and bursaries to the total cost prior to calculating the split.

            (Recipient parent) is required to provide all receipts, statements, proof of expenses and statements of payment or benefits to (paying parent) in order to calculate the proportionate share of the expense. No payment will be made in absence of this documentation.

            Comment


            • #7
              To add to post-secondary expense are Final order indicates that in the event the children are required to pay for post-secondary expenses the maximum amount available from each child's RESP account shall be applied each year to the cost of each other(s) education before each parent's contribution to the cost of post-secondary education is calculated and apportioned.

              The parties will apply all RESP's, jointly accounts (CIBC account #*****-**-******and ****-**-*******) , grants, scholarships, and bursaries to the cost prior to calculating the split. (I will add this line and include RESP's jointly account prior to divorce)

              Is there anything else I can specify to cover myself from all angles. Unfortunately I've been burned before from having a vague final order.

              Thanks Again!

              Comment


              • #8
                I think that should be it. Getting out from FRO with the extra expenses is important. The fact your ex goes so long is ridiculous. That's why I put in the part about interest on overpayments.

                If you have a jointly held resp from before the marriage, you add in that a share of that is subtracted either from your 2/3 you share with ex or the total. And word it that it will be split according to the course. As in 1/4 if it is a four year program of 1/3 if three years.

                Comment

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