child support

[kidsfirst]

I currently recieve support for one child . I know my ex made
more money the previous years , at least 2. than my ordered
amount. However he now makes 1/2 of that because of a loss of
a job. Can I still go back on the amounts of payments for the
last 2years , or do I risk a chance of lowering my support for
the new wages.
Also he doesn't want an attempt to see his son , can I charge
him for this , more support .I don't need child care as my child
is in school full time .
As well I receive a government cheque for my son's disability
if we go to court would this be taken into account?
And most importantly do I have to go to court in order to get a
copy of his income tax , or can I ask for this without legal
resprestation or court?
New to this forum , thanks so much

[logicalvelocity]

kids first,

generally if a payor income fluctuates from year to year, the court's will calculate his income by taking the last 3 income tax years line 150 amount, add them together and divide by 3 to determine the average income and compare this value against the tables to calculate payable child support.

You do have a right to ask him for updated financial information, I am assuming you are in Ontario. With that said,

Child Support Guidelines - Family Law Act -O.Reg 391/97

http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

Section 21 and 22 and 25 would apply to your situation Please read

Income Information

Obligation of applicant

21. (1) A parent or spouse who is applying for an order for the support of a child and whose income information is necessary to determine the amount of the order must include with the application,

(a) a copy of every personal income tax return filed by the parent or spouse for each of the three most recent taxation years;

(b) a copy of every notice of assessment and reassessment issued to the parent or spouse for each of the three most recent taxation years;

(c) where the parent or spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or, where such a statement is not provided by the employer, a letter from the parent’s or spouse’s employer setting out that information including the parent’s or spouse’s rate of annual salary or remuneration;

(d) where the parent or spouse is self-employed, for the three most recent taxation years,

(i) the financial statements of the parent’s or spouse’s business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the parent or spouse does not deal at arm’s length;

(e) where the parent or spouse is a partner in a partnership, confirmation of the parent’s or spouse’s income and draw from, and capital in, the partnership for its three most recent taxation years;

(f) where the parent or spouse controls a corporation, for its three most recent taxation years,

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length;

(g) where the parent or spouse is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s three most recent financial statements; and

(h) in addition to any information that must be included under clauses (c) to (g), where the parent or spouse receives income from employment insurance, social assistance, a pension, workers compensation, disability payments or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year or, if such a statement is not provided, a letter from the appropriate authority stating the required information. O. Reg. 391/97, s. 21 (1); O. Reg. 446/01, s. 7.

Obligation of respondent

(2) A parent or spouse who is served with an application for an order for the support of a child and whose income information is necessary to determine the amount of the order, must, within 30 days after the application is served if the parent or spouse resides in Canada or the United States or within 60 days if the parent or spouse resides elsewhere, or such other time limit as the court specifies, provide the court, as well as the other spouse, an applicant under section 33 of the Act or the order assignee with the documents referred to in subsection (1). O. Reg. 391/97, s. 21 (2).

Failure to comply

22. (1) Where a parent or spouse fails to comply with section 21, the other spouse, an applicant under section 33 of the Act or an order assignee may apply,

(a) to have the application for an order for the support of a child set down for a hearing, or move for judgment; or

(b) for an order requiring the parent or spouse who failed to comply to provide the court, as well as the other parent or spouse or order assignee, as the case may be, with the required documents. O. Reg. 391/97, s. 22 (1).

Costs of the proceedings

(2) Where a court makes an order under clause (1) (a) or (b), the court may award costs in favor of the other spouse, the applicant under section 33 of the Act or an order assignee up to an amount that fully compensates the other spouse, the applicant or order assignee for all costs incurred in the proceedings. O. Reg. 391/97, s. 22 (2).

Continuing obligation to provide income information

25. (1) Every parent or spouse against whom an order for the support of a child has been made must, on the written request of the other spouse or the person or agency entitled to payment under the order not more than once a year after the making of the order and as long as the child is a child within the meaning of these guidelines, provide that other spouse, or the person or agency entitled to payment under the order, with,

(a) the documents referred to in subsection 21 (1) for any of the three most recent taxation years for which the parent or spouse has not previously provided the documents;

(b) as applicable, any current information in writing, about the status of any expenses included in the order pursuant to subsection 7 (1); and

(c) as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship. O. Reg. 391/97, s. 25 (1).

As far as the child's access time goes, there is no law that can compel a parent to be a parent to the child. You could seek judicial intervention and perhaps have all access ceased. However, this is usually done in extreme circumstances and the current situation may not warrant this type of action.

You could try to explain to the court that it does costs you additional child care amounts and you would like to be reimbursed if adequate notice is not given to you for failure to exercise the child's access.

The tabled child support you receive is for full time care. This base amount may be reduced in different living situations and custody arrangements. ie: if the child was spending more than 40% of his time with this individual the amount may be reduced from the tabled amount of child support.

Your son's disability cheque is irrelevant for child support calculations.

If your ex fails to comply with your written request for financial disclosure you may have to take the matter to court. Be sure to seek costs.