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Old 12-20-2006, 01:05 PM
DadofTwoGirls DadofTwoGirls is offline
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Location: Ottawa, ON
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Default Unilateral Change to CS Amount

Situation:

Two kids - 50/50 custody and access.

Agreement for CS calls for financial disclosure by end May and adjustment of CS July 1st based on actual income.

I provided full disclosure

X only provided the tax return she filed for 2005 and refused to give anything else.

Update: An unsigned letter received declaring earnings and expenses (1/3 of earnings) but not on company letterhead or from company. Provided "without prejudice"

Over the last three years, we applied the direct offset method to CS calculations - she only made a very little bit of $$

I expect that her earnings to date will be significanty larger now.
Update: They are much higher.

Question:

Other side is opposed to a change to CS Amount. I think that other side has been deceitful for last 6 mos by not provide disclosure. They are still not compliand with disclosure rules.

My lawyer advises that I should change CS amount unilaterally. This might force them to take us to court but then she'd have to disclose income. I won't make it retro to Jul but I will use straight offset and give her credit for expenses claimed.

Any thoughts on this approach?

Thanks.