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CS when one partner isn't claiming true income

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  • CS when one partner isn't claiming true income

    Hi all,
    I hope someone here can give some advice. My ex and I separated 2 years ago and have been divorced for one. We have shared custody, access, guardianship, and shared primary residencies of our two children (both over 11 years old) as specified in our Supreme Court Order. To date, no CS has been paid by either of us. Our court order specifies that we are to exchange our tax returns this month for the purposes of calculating child support. These last 2 years my ex has been working under the table and making a substantial income (new car, new computers, trips abroad, etc). I have always been honest with my income. I made $30,000 last year as I was unemployed for most of it. In the past my ex has declared income as zero and I expect the same amount will be declared for last year. In the order it says that a minimum of $15,000 will be attributed to my ex as income. Now, what happens when we exchange tax returns and my ex hasn't disclosed the true income? Will I have to pay CS? If I do, I worry I will be unable to provide for my 2 children as I can barely survive on what I make now. Any help would be appreciated. Thank you in advance.

  • #2
    My Ex did the same thing to me. After 6 months Mr. VP of a huge CHemical company decided that he cant afford to pay SS and CS. He cut my support by 3/4's of the regular support. Then came the section 7 expenses. He stopped all together for my 3 kids 18, 16, 9. all were into sports and dancing. I payed for it as the FRO said that I was entitles to it and accepted his case.
    WHAT DID I DO......I hired a froensic accountant Named Frank Salvati, if you are in the toronto are. He is very generous to the women who gets screwed arount by their Husband hiding money. He is the founder of forensic accounting. He actually brought that Chapter into Canada. He truly "outed" my ex. He opened a dummy account and went into cohuts with his boss and make his bonus become a "loan" He found all the proof and if you have some extra cash. this is the best thing that could happen to you. Good luck

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    • #3
      Originally posted by mamoosha View Post
      He is the founder of forensic accounting. He actually brought that Chapter into Canada.
      Wow, the founder of forensic accounting, in the whole world?

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      • #4
        Mamoosha, just curious, how much did it cost and how long was the investigation?

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        • #5
          Under 5k but OMG he worked harder then all my lawyers that I had. He is amazing His name is Frank Salvati. Company name is Sagegate. In downtown Toronto. He comes to your house if you are in the GTA. To hear you out and see if you have any hope. He is soo honest and aggressive that I wish he was my lawyer representing me. Good luck

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          • #6
            Thanks for referral. Some may find it useful...

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            • #7
              He must be REALLY old......

              "Forensic accountants have been around for nearly 200 years..... "

              I looked up your guy and he doesn't work for that company anymore, it appears he worked there as a forensic accountant during the eighties?? Are you sure that's the correct person?

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              • #8
                He has been around for 200 years because his forensic accounting is so good and may be using a canine calculator.

                I have a rule I follow when selecting an accountant;
                Ask what is 2+2, if you get an answer of 4, move on.
                If you get an answer of "what do you need it to be" hire him!

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                • #9
                  Originally posted by Sisyphus View Post
                  Hi all,
                  I hope someone here can give some advice. My ex and I separated 2 years ago and have been divorced for one. We have shared custody, access, guardianship, and shared primary residencies of our two children (both over 11 years old) as specified in our Supreme Court Order. To date, no CS has been paid by either of us. Our court order specifies that we are to exchange our tax returns this month for the purposes of calculating child support. These last 2 years my ex has been working under the table and making a substantial income (new car, new computers, trips abroad, etc). I have always been honest with my income. I made $30,000 last year as I was unemployed for most of it. In the past my ex has declared income as zero and I expect the same amount will be declared for last year. In the order it says that a minimum of $15,000 will be attributed to my ex as income. Now, what happens when we exchange tax returns and my ex hasn't disclosed the true income? Will I have to pay CS? If I do, I worry I will be unable to provide for my 2 children as I can barely survive on what I make now. Any help would be appreciated. Thank you in advance.
                  You don't need to get a forensic accountant.

                  What you need to do is get his income imputed to his capacity to earn. Reporting a zero income is a red flag because he needs money to live on. The courts won't buy it. Particularly when he has a new car and other toys. Common sense dictates that he has more than zero income.

                  What will the court consider when determining his capacity to earn? They will look at his age, education, work experience, qualifications and health. As a minimum, they will impute his income to minimum wage based on a full work week. I'm not sure what the minimum wage is in your province, but it would be at least 20K per year. If he has a history of making more, then the court may impute an amount closer to what he has earned in the past.

                  Two things that deadbeats typically use to justify no income are lack of work and medical conditions. The onus is on the deadbeat to prove these things. S/he would need to submit evidence indicating that they have been actively seeking work and/or medical documentation that links a medical condition to an inability to work. It's not enough to just prove a medical condition; there has to be a medical expert opinion linking the medical condition to an inability to work.

                  If you don't get this straightened away, then you will likely pay CS. I'm assuming that you guys do the offset method. If so, and his income is zero, then you'll pay him CS.

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                  • #10
                    I just HAVE to ask... What is a 'canine calculator'????

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                    • #11
                      1 dog year = 7 human years.
                      200 year old dog = about 28.571428 human give or take.

                      Comment

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