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  • For purposes of variation of child support am I allowed to

    ask for documents before submitting in a motion to determine if I have just cause?

    I have a suspicion that he is working on the side.

    Can I ask for:

    Bank statements
    Credit card statements
    Form 13 - Financial statement

    I have received his tax return but not the NOA

    I was told by a lawyer that i have to put the motion in first to have a right to ask for those items. To me it doesn't sound right as I could be wasting the courts time and end up getting a cost motion against me if i end up not having cause.

  • #2
    If you currently have an order in place, then the following would apply.

    It's been stated elsewhere on the forum that, if the other party didn't offer the info, you should start with a registered letter requesting the documents.

    Family Law Act Child Support Guidelines

    Annual obligation to provide income information

    24.1

    Every person whose income or other financial information is used to determine the amount of an order for the support of a child shall, no later than 30 days after the anniversary of the date on which the order was made in every year in which the child is a child within the meaning of this Regulation, provide every party to the order with the following, unless the parties have agreed otherwise:
    1. For the most recent taxation year, a copy of the person’s,
    i. personal income tax return, including any materials that were filed with the return, and
    ii. notice of assessment and, if any, notice of reassessment.
    2. As applicable, any current information in writing about,
    i. the status and amount of any expenses included in the order pursuant to subsection 7 (1), and
    ii. any loan, scholarship or bursaries the child has received or will receive in the coming year that affect or will affect the expenses referred to in sub paragraph i. O. Reg. 25/10, s. 6.
    Last edited by firhill; 10-05-2012, 09:13 PM. Reason: speeeling

    Comment


    • #3
      Does this give me justification to ask for documents before the motion


      Child Support - Ministry of the Attorney General

      <dl><dt>Updated Income Information</dt><dd>Once child support is in place, any person whose income was required to calculate child support must provide updated documentation of their income to the other party each year within 30 days of the anniversary of the court order or separation agreement that sets out the support payment, unless the parties have agreed not to do so in writing. This is done by sending a copy of the most recent Income Tax Return and Notice of Assessment to the other party.

      In addition, either party can always request income disclosure from the other once a year, as long as his or her income was required to calculate the amount of child support. Once a request for income disclosure is made, all of the documents listed in the section titled "Proof of Income" must be provided, including Income Tax Returns and Notices of Assessment for the past three years. </dd></dl>

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      • #4
        Would that also include the children's Income Tax Return and FInancial Info. although no Court Order in place for them to provide such. The other party's lawyer via email requested I provide the children's last three paystubs. They are both attending full time post secondary school full time working this past summer only which they already know all of this.

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        • #5
          Originally posted by TLCRN View Post
          Would that also include the children's Income Tax Return and FInancial Info. although no Court Order in place for them to provide such. The other party's lawyer via email requested I provide the children's last three paystubs. They are both attending full time post secondary school full time working this past summer only which they already know all of this.
          ITR's are listed in the first section

          <dl><dt>Proof of Income</dt><dd>If you pay child support or if your income is required to calculate a child support amount, you must provide proof of your income to the other parent. Under the Child Support Guidelines, that must include copies of the following documents:
          • Income Tax Returns for each of the past three years;
          • Notices of Assessment and Reassessment for each of those years
          • Your most recent statement of earnings or confirmation of income from your employer if you are an employee;
          • If you are self-employed or control a corporation, the businesses’ financial statement and a statement showing all wages and other similar payments;If you receive employment insurance, social assistance, a pension, worker’s compensation or disability payment, documentation of that income; and,
          • Information relating to the income of a trust where you are a beneficiary under a trust.

          </dd></dl>

          Comment


          • #6
            You can ask for anything..doesn't mean you will ever get the right documents.Also doesn't mean he/she will ever get punished for not providing the right documents.

            Comment

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