Announcement

Collapse
No announcement yet.

How does court play out?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • How does court play out?

    Parent A:
    Wants to change child support (decrease their burden)
    ,Provided their NOA and an updated NOAs
    ,needs at least a small change in child support even if temporary as the court delays by Parent B continue.

    Parent B:
    Wants to be difficult.
    Will provide their NOA
    Will not provide updated NOAs from previous years.
    Is hiding money
    Will not provide paystubs from a new higher paying job
    Will not provide documentation showing they tried to find work during COVID


    Parent A suspects Parent B is trying to get a mortgage so wants their court order to show they are getting an obscene amount of money every month as income.


    How does Parent A go about getting at least the small change in first and how long can Parent B stall?

    thanks.

  • #2
    The ex's lawyer did not notify me they were not representing anymore.
    Before I file the motion for change of support may I contact them for the information?

    Comment


    • #3
      How do you know they aren’t representing them anymore. If you dont know if they are represented, you could serve both the lawyer and your ex.

      Comment


      • #4
        Can I ask and get things like a job description?
        What dirty tricks can I avoid or should I expect?

        Comment


        • #5
          If you are trying to prove they are purposely underemployed then you can ask for their resume and jobs applied to but no to a job description.

          If you are trying to prove they are lying about their income you can ask for proof of any credit or mortgage applications as they would have to put down their income.

          Avoiding dirty tricks is easy as you just know what you are entitled to and only ask for that. Plus don’t delay.

          Comment


          • #6
            I have delayed 2 months since they were employed and 8 months since another items would have reduced my obligation.

            I was under the impression that I could get that money back, yes, I know it can complicate things.

            Why should I avoid delaying?

            Comment


            • #7
              I want to find out why they don't have any income from bank account interest. With 100K in the bank they should have at least something.
              Yeah or nay?

              Comment


              • #8
                Originally posted by pinkHouses View Post
                I want to find out why they don't have any income from bank account interest. With 100K in the bank they should have at least something.
                Yeah or nay?

                Interest on bank accounts isn’t considered as income for several reasons. Usually it’s quite low, it sometimes gets reinvested so it’s not necessarily “seen” and it is not their sole source of income. That is not a hill to die on.


                Sent from my iPhone using Tapatalk

                Comment


                • #9
                  Originally posted by pinkHouses View Post
                  I have delayed 2 months since they were employed and 8 months since another items would have reduced my obligation.

                  I was under the impression that I could get that money back, yes, I know it can complicate things.

                  Why should I avoid delaying?

                  When I say don’t delay I mean don’t play bullshit games like avoiding disclosure, ignoring orders, asking for adjournments etc. Some people sit on information or refuse to disclose or ask for repeated adjournments which is a bs move. Be reasonable. Your delays listed are reasonable.

                  Comment


                  • #10
                    Actually Rocksan isn’t totally correct. Interest on investments can indeed be counted as income. It depends on the individual situation. In my case my ex has millions invested and lives off the interest and dividends generated by his investments, therefor that is counted as income.

                    Comment


                    • #11
                      Originally posted by Stillbreathing View Post
                      Actually Rocksan isn’t totally correct. Interest on investments can indeed be counted as income. It depends on the individual situation. In my case my ex has millions invested and lives off the interest and dividends generated by his investments, therefor that is counted as income.

                      That was my example as living off interest that is high being considered income. 100 grand doesn’t return much as I have that much invested and the money I get back is simply reinvested, I never see it and I definitely couldn’t live off it!


                      Sent from my iPhone using Tapatalk

                      Comment


                      • #12
                        It is still income though.
                        The CRA doesn't say "oh, it is only $2K in interest you got so we will not count it".
                        If the money is sitting in the bank doing nothing then that is messed up, it like being underemployed. It might even be double what I say.

                        I will hope to ask the question and hope a judge catches on, I will check with a lawyer too if I talk to one.
                        Maybe it all went into TFSA, RRSPs and stocks they didn't get a return from yet.

                        Comment


                        • #13
                          It would show up on their T1 which you would see if they provide it.

                          Truly though, you need to ask yourself—is a $20 change in support worth thousands in legal fees? Not to mention it makes you look petty and unreasonable.

                          Comment


                          • #14
                            It isn't costing me and I am thinking it is at more like $100 a month in child support.
                            There is only so much a person can take being cheated; it has to stop sometime.

                            Comment

                            Our Divorce Forums
                            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                            Working...
                            X