I may have answered my own question...or I may have just created more confusion for anyone trying to provide information...anyway:
Step 5 of The Federal Child Support Guidelines: Step-by-Step deals with calculating annual income.
Under the heading: Who must provide income information? it states:
"If your income is needed to calculate child support amounts, you must provide income information for the last three tax years. Both of you must provide income information when:"
It then lists 6 situations including the following two:
* you have split or shared custody arrangement,
* there are special expenses (see step 7)
- The Child Support Order in my case was made at the first Case Conference in Oct 2009.
- The Applicant had served and filed an Application, including a Financial Statement, her 2008 Notice of Assessment (line 150 = $20,000+) and a doctor's note and affidavit indicating her income was now $0.00
- The Respondent had previously notified the Applicant and her lawyer that he had an income of approximately $40,000.
- The Respondent did not file a Financial Statement prior to this Case Conference and reiterated to the Court that his income was approximately $40,000. I was ignorant then!
- The Judge made an Order for the Respondent to pay Child Support in an amount based on his approximate income of $40,000. I do not know if it was the actual table amount for 3 children in Ontario. Is this relevant?
- The respondent was also Ordered to provide a Financial Statement with required income tax information.
- Their was no mention of Special Expenses in the Order and I do not recall if it was discussed at the case Conference.
- There was no draft of the Order prepared for the Judge's Endorsement from that Case Conference until April 2011. [Family Law Rule 25: ORDERS]
- The Applicant, upon typing the Order, added the following:
"4. Unless the support order is withdrawn from the office of the Director of the Family Responsibility Office, it shall be enforced by the Director and amounts owing under the support order shall be paid to the Director, who shall pay them to the person to whom they are owed."
and
"5. For as long as child support is paid, the payor and recipient, if applicable, must provide updated income disclosure to the other party each year, within 30 days of the anniversary of this Order, in accordance with s. 24.1 of the Child Support Guidelines."
Are these standard Orders that get included with Child Support Orders?
Step 7 of The Federal Child Support Guidelines: Step-by-Step states:
"You can consider special expenses when you set child support amounts in sole custody or split custody arrangements."
So in addition to any questions I've previously asked, my list of questions includes the following:
1. Was both the income of the Applicant AND the income of the Respondent used in determining the amount of the Child Support Order?
It appears to me that the answer is yes.
2. Does the apparent non-consideration of special expenses, or the Applicant's inclusion of a request for a Custody Order in their Application, or the financial information provided by the Applicant, or even the sum of all these...does it speak in any way whatsoever to an implied acknowledgement by the Applicant and/or the Court that there was a Shared Custody Arrangement in place at the time the Child Support Order was made?
It appears to me that it may.
There is nothing in the Endorsement Sheet or the Order referring to the children's residence, custody or access schedule. There is a request addressing all three in the Application.
It has always been my contention that the temporary Child Support Order was made based on:
- the children's right to Child Support
- the obligation of both parents to financially support their children based on their income and ability to pay
- the best interests of the children, at that specific time and given the circumstances
The Applicant, since that Child Support Order, seems to be operating under the belief that the Respondent was Ordered to pay Child Support to the Applicant, in part, because she was deemed to have Custody of the children.*
Do the details refute her belief?
* Note: the Applicant had removed the children from their home without the Respondent's consent and made false allegations of child abuse and spousal abuse in what I believe was a plan to manipulate a future Custody Order in her favour.
Step 5 of The Federal Child Support Guidelines: Step-by-Step deals with calculating annual income.
Under the heading: Who must provide income information? it states:
"If your income is needed to calculate child support amounts, you must provide income information for the last three tax years. Both of you must provide income information when:"
It then lists 6 situations including the following two:
* you have split or shared custody arrangement,
* there are special expenses (see step 7)
---------------------------------------
Specific facts of my case:- The Child Support Order in my case was made at the first Case Conference in Oct 2009.
- The Applicant had served and filed an Application, including a Financial Statement, her 2008 Notice of Assessment (line 150 = $20,000+) and a doctor's note and affidavit indicating her income was now $0.00
- The Respondent had previously notified the Applicant and her lawyer that he had an income of approximately $40,000.
- The Respondent did not file a Financial Statement prior to this Case Conference and reiterated to the Court that his income was approximately $40,000. I was ignorant then!
- The Judge made an Order for the Respondent to pay Child Support in an amount based on his approximate income of $40,000. I do not know if it was the actual table amount for 3 children in Ontario. Is this relevant?
- The respondent was also Ordered to provide a Financial Statement with required income tax information.
- Their was no mention of Special Expenses in the Order and I do not recall if it was discussed at the case Conference.
- There was no draft of the Order prepared for the Judge's Endorsement from that Case Conference until April 2011. [Family Law Rule 25: ORDERS]
- The Applicant, upon typing the Order, added the following:
"4. Unless the support order is withdrawn from the office of the Director of the Family Responsibility Office, it shall be enforced by the Director and amounts owing under the support order shall be paid to the Director, who shall pay them to the person to whom they are owed."
and
"5. For as long as child support is paid, the payor and recipient, if applicable, must provide updated income disclosure to the other party each year, within 30 days of the anniversary of this Order, in accordance with s. 24.1 of the Child Support Guidelines."
Are these standard Orders that get included with Child Support Orders?
---------------------------------------
Step 7 of The Federal Child Support Guidelines: Step-by-Step states:
"You can consider special expenses when you set child support amounts in sole custody or split custody arrangements."
So in addition to any questions I've previously asked, my list of questions includes the following:
1. Was both the income of the Applicant AND the income of the Respondent used in determining the amount of the Child Support Order?
It appears to me that the answer is yes.
2. Does the apparent non-consideration of special expenses, or the Applicant's inclusion of a request for a Custody Order in their Application, or the financial information provided by the Applicant, or even the sum of all these...does it speak in any way whatsoever to an implied acknowledgement by the Applicant and/or the Court that there was a Shared Custody Arrangement in place at the time the Child Support Order was made?
It appears to me that it may.
There is nothing in the Endorsement Sheet or the Order referring to the children's residence, custody or access schedule. There is a request addressing all three in the Application.
It has always been my contention that the temporary Child Support Order was made based on:
- the children's right to Child Support
- the obligation of both parents to financially support their children based on their income and ability to pay
- the best interests of the children, at that specific time and given the circumstances
The Applicant, since that Child Support Order, seems to be operating under the belief that the Respondent was Ordered to pay Child Support to the Applicant, in part, because she was deemed to have Custody of the children.*
Do the details refute her belief?
* Note: the Applicant had removed the children from their home without the Respondent's consent and made false allegations of child abuse and spousal abuse in what I believe was a plan to manipulate a future Custody Order in her favour.
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