View Single Post
  #7  
Old 01-22-2009, 07:06 AM
FL_Needs_To_Change's Avatar
FL_Needs_To_Change FL_Needs_To_Change is offline
Moderator
 
Join Date: Mar 2007
Location: Northern Ontario
Posts: 1,261
FL_Needs_To_Change has a spectacular aura aboutFL_Needs_To_Change has a spectacular aura about
Default

Quote:
Originally Posted by Jane007 View Post

What can I do though? What are my chances with the appeal?...And it is such a long way to Canada...
I would go to a court house close to you.
In Canada the court house has many helpful services to guide a person through a process.
Sometimes you can get duty council to help as well or a 1 hour free consult from a lawyer to determine your legal path.

You have to start a motion to vary the existing order, preferably within the state that you reside as this just makes sense to me.
I would ask the court house how to transfer a case from Canada to the US and tell them the ex initiated the case in Canada, but you live in the US, and they should be able to tell you how to proceed.

Once the case is transferred, seek to have the issues varied.
Request that the courts order him to disclose his last 3 years of income tax returns with notice of assessments PLUS any reassessments, coupled with T4's, and all other supporting documentation to validate the tax claims.

I am not sure how you go about showing that you have not been paid CS when he claims he has paid.
I would seek to have him produce the original bank statements rather then photo copies.
Because in this day and age, a person with minimal computer literacy and a good scanner with supporting software can copy and paste pieces of info into a statement then photo copy it & it would look legitimate. So originals would be necessary to make sure he had not "doctored" them to show he made CS payments.

Then of course any other issues can be addressed etc.