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-   -   Home equity to pay child support? (https://www.ottawadivorce.com/forum/showthread.php?t=21337)

Dad0208 09-22-2017 09:18 AM

Home equity to pay child support?
 
So my ex is taking me to court to try to impute more income to me from 10 years earlier and obtain over $20,000 in retroactive based on this imputed income.

She is saying that it would not cause hardship to me because I have more than enough equity in my home, which I am co-owner, to pay it. I can't see her getting this money, but if she did, would a judge actually order me to get a home equity loan just to pay it? Even if the main owner is my wife? Does anyone have any experience with this?

Berner_Faith 09-22-2017 09:35 AM

I doubt she will get 10 years unless you have intentionally hidden income. Did you update your income annually for CS? Only you know if you truly owe this amount or not. A judge can't order you to pay a certain way but they can order you to pay back support. Usually it's back to the time the request was first made to update CS but sometimes it can be earlier depending on if the payor hid income or not


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rockscan 09-22-2017 10:01 AM

The onus is on her to prove you could have made the extra income. It will be interesting to see how she will do so since imputing is mainly for people who are specifically under employed or not working.

You may want to start organizing any information you have to refute this. For instance any jobs you applied for and the outcomes, work balance to spend time with the kids etc.

Dad0208 09-22-2017 10:44 AM

She only thinks I've hidden income, but I haven't. I was off for a few years because of a car accident, and I haven't been able to work as much since then because of it. I had an extremely physical construction job and couldn't go back to it, so she thinks I can still make the same pay I used to. I paid what I was supposed to pay at the time even though I could have reduced it to nothing, but I didn't. She knew about this all along and now has decided to ask for retroactive going back 10 years. She's asked for bank statements, which is fine, but she will spend hours going through them all because I used the account for everything and never deal in cash.

Does anyone know if there's a way to show deposits only? I tried asking the bank and they will only give me the complete statements and not show just the deposits.

OttawaDad11 09-22-2017 11:16 AM

Don't give her bank statements. Give her your NOA's. That's all you are obligated to provide.

Berner_Faith 09-22-2017 11:18 AM

Quote:

Originally Posted by OttawaDad11 (Post 223761)
Don't give her bank statements. Give her your NOA's. That's all you are obligated to provide.



Not necessarily true... if he was self employed in the construction industry then his NOAs really mean little because there are write offs that don't count for CS purposes.




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rockscan 09-22-2017 11:18 AM

You dont have to provide bank statements. You can put in your response that you suffered an accident on x date and the resulting injuries have prevented you from working.

My partners ex did the same thing asking for bank statements, loan applications, job searches, vacation expenses and all receipts for all home renovations completed. His lawyer said none of those things are relevant. He also said that if ordered he would have to provide his job search efforts (he was unemployed for a year).

Your response can outline all that you have paid and how it relates to your income. For instance, my income for 2016 was x and my child support payments were y for a total of xyz for the year. I paid xyz to the applicant.

Unless you are ordered to provide bank statements, dont sweat it. You just respond with copies of your noa and taxes and calculate out what you paid.

Dad0208 09-22-2017 11:26 AM

I gave her all my notice of assesments already, and she didn't even ask me for bank statements personally, she's just asking the judge to order it in her case conference brief. I don't mind providing them to her if I have to, but it will cost me 2 bucks per statement for 7 years worth.

arabian 09-22-2017 11:27 AM

I doubt your ex is going to be successful in her application. She would be faced with the question: why did you wait so long before pursuing this?

OttawaDad11 09-22-2017 11:38 AM

Quote:

Originally Posted by Berner_Faith (Post 223762)
Not necessarily true... if he was self employed in the construction industry then his NOAs really mean little because there are write offs that don't count for CS purposes.




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Fair enough. But how do bank statements help this? Just because it's a deposit, doesn't mean it's income.

His income is what has been reported to CRA, whether business owner or not. I was a contractor for awhile. my business had and income and I had an income. They weren't the same. If they want to audit his Business income and expenese/write offs, then maybe soem additional info, but that doesn't require his personal bank statements as far as I know. I would assume it would be pay stubs and his full T1 General showing what was written off. (yes, I realize that if he owns a business, it's not a T1, it's a T2 or something. I don't recall the specifics here, but the point is the same).


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