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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-30-2016, 08:00 PM
Bellbaby Bellbaby is offline
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Exclamation Incorporated business for rental income child support

Hello, any help would be greatly appreciated.

The respondent in my case owns rental property through an Ontario business number. I do not know the address of the property but i know there are multiple rental units in this property.

I did a personal property title search on him. He has a lien against his main residence from the CRA due to not claiming income from this Incorporated business/rental property. I am his second ex with a child. I believe he originally incorporated the rental property to hide the income from his first ex.

Therefore if he is hiding this property income from the CRA, it is a given he will hide the income from me and his child support obligations.

My question is how do I go about searching for as much information as possible regarding the Ontario business number?

Is there anyway I can request the income tax filings for this incorporated business be entered into the family court proceedings?
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Old 03-30-2016, 08:10 PM
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arabian arabian is offline
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So you helped him hide his income from his first wife?

Does he have children from a previous marriage?
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Old 03-30-2016, 08:24 PM
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You probably should register your child support agreement with FRO and give information to FRO and they will collect the money for you.

There exists a "pecking order" however, and if arrears are owing to the first wife and/or children of his first marriage they would be the first to be paid if there is an order registered with FRO.

Sloppy seconds sort-of-thing.
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Old 03-30-2016, 09:36 PM
Bellbaby Bellbaby is offline
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No, we only had a short relationship. His ex wife was from years ago. I am just assuming this is how he hid income from his ex wife. Because I heard she dragged him to court and was unhappy. All I'm going on are assumptions and the paper trail...
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Old 03-30-2016, 09:37 PM
Bellbaby Bellbaby is offline
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And no support agreement yet. I'm trying to show that he had more income than he is declaring, in preparation for our case conference
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Old 03-31-2016, 01:10 AM
SadAndTired SadAndTired is offline
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Quote:
Originally Posted by Bellbaby View Post
And no support agreement yet. I'm trying to show that he had more income than he is declaring, in preparation for our case conference
The courts take hiding assets very seriously now.

Hiding assets from ex-spouse leads to jail - The Globe and Mail

You can ask the judge for full financial disclosure, including all financial statements for his Corp. Make sure you ask for income taxes both personal and business/Corp and any dividends that are paid out. If some of the expenses are padded or excessive, a judge will add them back to the corp's gross income in calculating child support. You have a right to complete financial disclosure. Ask for it.

Here is another thread that might help you.

http://www.ottawadivorce.com/forum/f...mployed-19853/

Having a judge order disclosure doesn't mean he will comply but you have to start somewhere.

Good luck.
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Old 03-31-2016, 08:13 AM
Bellbaby Bellbaby is offline
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Thank you so so so much sadandtired! I really appreciate it. You have no idea how stressed this has made me.

I'm not after every penny, I was very willing to work with the other person. But after a bad pattern of behavior and lying, I'm forced into this position honestly to protect my child. My child would have $0 as he has said the child is dirt and not equal in his lifestyle. He wants to have no responsibilities towards the child, no access and thinks if he has no access he shouldn't have to support the child financially. So, again, if he is willing to hide money from the CRA, he'd be very willing to hide it from the child and me.
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Old 03-31-2016, 09:15 AM
SadAndTired SadAndTired is offline
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You're very welcome.

My lawyer said that the corp's gross income is most interesting. Some expenses are obviously necessary for running the business. In my ex's case he needs a secretary and a office. But if the secretary is his wife and she is making $100,000 a year, that is not reasonable and can be charged back to him. Lawyer says that our argument in court would be that the children shouldn't suffer because ex makes poor business agreements or spends business money unwisely. Gross corporate income, business expenses and retained earnings are all really important.

Sorry to hear he is disregarding your child. As a parent, it must hurt so much. Just know that support is your child's right and try to stay calm and focused. Research here, on the net and on canlii.org. While my ex jumped into the next relationship within months, I spent time researching everything. It is amazing how much you can learn even if you start knowing nothing. You can do this.
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Old 03-31-2016, 09:32 AM
SadAndTired SadAndTired is offline
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Btw, it is not your job in court to prove why all of the corp's gross income should be counted. It will be his job to prove why it should not be counted.

Here are two more links.

http://www.jml.ca/wp-content/uploads...ion18ofthe.pdf

Step 5: Calculate annual income - The Federal Child Support Guidelines: Step-by-Step
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