Financial disclosure frequency

[walking]

Hi. This is my first post.

I receive child support from my ex starting last year. Up for review next may.
He has just asked me to give him my income information within the next 30 days.
Can he do this? Just randomly demand I turn over this info?

[HammerDad]

They can request disclosure, and depending on their reasoning, it may be reasonable for them to make such request.

If the agreement provides that c/s is to be updated in May by providing each other with their Notice of Assessment? If so, you can simply respond that you will provide him with documents required by the Order in May, as per the Order.

But there are other instances where it may be reasonable to make such a request. Like when it is known that the other parent income has dramatically increased mid-year, and it may be found to be a material change in circumstance.

Do the request state why they are requesting the disclosure? And is there a reason why you are resisting? It is generally better to be reasonable and respond to these sorts of requests, when such requests are reasonable.

[stripes]

Does the child reside half the time with you and half with your ex (or somewhere in a 40%:60% ratio, also known as "shared parenting" or "shared residence")? If so, your income is relevant for calculating what your contribution to CS should be, so it is reasonable for him to ask for your financial information (most recent income tax return).

Is the child residing with you more than 60% of the time, and your ex is the only one paying CS? If so, your income is not relevant to calculating CS, only his is, so he doesn't need your financial information. He can ask (or "demand") whatever he wants; it's up to you as to whether to give it to him or not.

If there are other issues besides CS on the table (equalization of assets, spousal support, etc) then your income information may be relevant.

[walking]

Hi. Thanks for your reply.
He has given no reason for the request.
I am resistant because it feels controlling and invasive and unnecessary.
The agreement states cs to be reviewed in may.
Nothing has changed with my income.

[walking]

The children are 50/50. All financial info was disclosed May 2014 to establish child support.
I understand we will submit financial info next May to recalculate.
But do I need to do it in between whenever he asks?

[stripes]

Do you have an agreement which says explicitly that you will exchange income information and recalculate CS each May? If so, then that's all you're obligated to do.

If you don't have such an agreement, then it's a bit less clear. Does he have a copy of your most recent income tax return (2013)? If he has that, then he doesn't really need anything else until next year at tax time.

Of course, if there are other issues being negotiated besides CS, your financial information could be relevant.

[HammerDad]

The children are 50/50. All financial info was disclosed May 2014 to establish child support.
I understand we will submit financial info next May to recalculate.
But do I need to do it in between whenever he asks?

I would reply that there has not been a change to your income since the last review. That your regular review interval is in May and unless they can provide a reasonable reason for the request (as in a material change in circumstance) that you will provide your financials in May as required.

Simply leave it at that.

Could your ex be registering the kids in an extracurricular activity that would be an s7 (extraordinary) expense? If they plan on doing that, they should ask you first if you agree to the registration and to contributing to the cost.

[walking]

Stripes...yes our agreement is explicit about exchange of info and recalculate in may. He has a copy of my 2013 income tax return.

[walking]

Hammerdad...no extraordinary expense registration by him. Thanks for the advice.

[Serene]

<hr style="color:#FFFFFF; background-color:#FFFFFF" size="1"> The children are 50/50. All financial info was disclosed May 2014 to establish child support.
I understand we will submit financial info next May to recalculate.
But do I need to do it in between whenever he asks?

If nothing has changed I'd give it to him.
May or now, it is the same difference in my opinion.
If he asks again, then you can reforward the email with the one you previously emailed him.

Does the child reside half the time with you and half with your ex (or somewhere in a 40%:60% ratio, also known as "shared parenting" or "shared residence")? If so, your income is relevant for calculating what your contribution to CS should be, so it is reasonable for him to ask for your financial information (most recent income tax return).

Actually this is not entirely accurate....
When a child is in a shared parenting arrangement (aka over 40% of time with the each parent) the child support guidelines MAY be treated differently, meaning that the guideline amount MAY NOT be applied. It is not automatic. The exception to the guideline amount is only permitted if the child spends more than 40% of the time with each parent, but it is not absolute.

The issue is, that the support payer's income is required because your Order likely states so. But the recipient's income is not legally required unless the Order states so (many do not).

The issue of the 40% rule often evolves over time and the recipient is not obligated to produce financial disclosure for reason above.

If the payer wants financial disclosure from the recipient they have to go to court and request it. Often times, the payer will see a decrease in their access as a result (funny how that happens huh?). And all the time in court produces a new status quo with reduced access making that 40% now 29% or less...

All that to say, CS is NOT automatically calculated as offset in a shared parenting regime. Be very careful of this as I see these statements made often on this forum. Its a crap shoot at best. Not one I'd personally like to gamble with, especially if there is any chance access would be reduced or even put up on the table for change.
<hr style="color:#FFFFFF; background-color:#FFFFFF" size="1">

[stripes]

Not to get sidetracked here, but to clarify: it's true than in a shared parenting situation, CS may deviate from the table amounts.

But S9 of the FCSG is clear that the incomes of both parents must be taken into account in setting CS, whether the end result is the simple offset method or some other arrangements. In other words, financial disclosure is always necessary in a shared parenting situation, even if the parents aren't relying solely on the tables to determine CS. Here's the wording:

9. Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 per cent of the time over the course of a year, the amount of the child support order must be determined by taking into account
(a) the amounts set out in the applicable tables for each of the spouses;
(b) the increased costs of shared custody arrangements; and
(c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.

[Serene]

Thank you for this, I missed the "must" part!

I see a new email and request for financial disclosure from mom soon lol