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    Hello, I am new to the forums. I joined because I am wondering if someone can help. My ex and I divorced ten years ago. He decided to move away and has not visited with or seen our son (now 12) in quite a few years. His choice. I know I cannot do anything about it, but put my child in therapy and be there for him as much as possible.I need to change some things regarding his financial obligations. His income changed and he is making considerably more. The issue is I need his address or possible place of work to have him served. I have managed to obtain the street name and city and postal code, basically nailed it down to 53 residential addresses in all of Canada. We are in Ontario. He obscured his address on his tax return but quite a bit was still visible. I just don't have the street number. Clearly he is trying to hide from paying the amount he should be paying, and trying to hide from being served. At this point, I have been in touch with a PI who can locate him. Has anyone gone this route? It is ridiculous I have to pay someone to find him. Can I sue him to pay for the fees of using a PI and process server since he is not being cooperative? I am going to be seeing my lawyer again in a couple weeks, but I am curious as to others experiences and outcomes. Thank you for any help.

  • #2
    His tax forms are supposed to be non redacted. Send him a follow up email and request the full non redacted form including his address noting he is obligated to provide you with full contact information.

    When you see your lawyer, ask them about filing and serving him via email as it is the only way you are able to contact him.

    Legally he has to provide you with contact information in case of emergency and he is in the wrong for redacting his address.

    Comment


    • #3
      https://www.legalaid.on.ca/faq/serving-court-documents/

      Substituted service may interest you but I don't see anything about that in the Family Law rules:
      https://www.ontario.ca/laws/regulation/990114#BK17

      Judges have to approve some type of service after other methods fail. The local court house can help provide information in this regard.

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      • #4
        Originally posted by rockscan View Post
        His tax forms are supposed to be non redacted.
        Not necessarily true. My ex does not need to know how much I contributed to RRSPs or how much of a tax refund I got. It is not relevant for the purposes of why we exchange tax information. All that my ex needs to know is my mailing address, and my line 15000 income for the purposes of calculating supports.. The rest, is redacted.

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        • #5
          Originally posted by DivorcedDad51 View Post
          Not necessarily true. My ex does not need to know how much I contributed to RRSPs or how much of a tax refund I got. It is not relevant for the purposes of why we exchange tax information. All that my ex needs to know is my mailing address, and my line 15000 income for the purposes of calculating supports.. The rest, is redacted.
          Technically you aren't supposed to redact any part of your forms. We redacted my salary and SIN as well as his return on my husband's taxes and his lawyer said the only thing we could redact was my info. Everything else had to be clear to prove he wasn't hiding anything.

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          • #6
            Originally posted by rockscan View Post

            Technically you aren't supposed to redact any part of your forms. We redacted my salary and SIN as well as his return on my husband's taxes and his lawyer said the only thing we could redact was my info. Everything else had to be clear to prove he wasn't hiding anything.
            Your information is irrelevant when it comes to disclosure for the purposes of calculating supports. All that matters is what your husband earned in accordance with Line 15000 on his Notice of Assessment. That is his gross income. How much your husband contributed to his RRSP’s, and how much of a tax refund he received because he donated lots to charity or maxed his RRSPs with his disposable income is NONE of his ex’s business. All you need to do is show your line 15000 for the purposes of updating supports. I won’t further engage in a futile discussion. Your husband is welcome to do as he pleases. I’m just informing others that all which is needed is disclosure of gross income as accounted with CRA.

            Comment

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