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  • Motion for change (child support)

    1. I Submitted a Motion to Change child support (November 6, 2018) after the opposing party refused to provide me with a NOA over the past 3 years. This isin spite of repeated written requests.
    2. The opposing party had 30 days in which to provide a response
    3. The opposing party filed their response on day 30 (December 7, 2018)
    4. Financial information submitted by the opposing party indicated a significant increase in income for the past three years.

    I’m just writing a response to his materials; my question is
    1. Can I request retroactive support? Child support was last adjusted in 2014.
    2. What financial disclosure can I request? In addition to his current employment he holds several positions including executive director of a museum. He claims he receives no income from sitting on different boards and from the post as Executive Director. But the museum just received $380,000 in federal funds.

  • #2
    1. Yes- you can ask that the CS be readjusted and request arrears since you've asked for the NOA for each year.

    2. You can pretty much ask for the sun and moon and stars through Form 20- Request for Information- found here: http://ontariocourtforms.on.ca/en/fa...w-rules-forms/

    In terms of the director positions- it should be fairly easy to ask for either the contract that he signed with the board of the museum...they'll be some sort of engagement contract OR a letter from the board of directors stating that he does not receive compensation for the position. And I would word it to the effect of "A letter of employment or any analogous letter of engagement or retainer.... or in the alternative, a letter issued by the Board of Directors of X museum stating that no compensation is provided for the position held by _____ as director of X museum".

    Comment


    • #3
      This is very helpful. Thank you.

      What about proceeds from a film production? How would I go about requesting financial disclosure on this?

      Comment


      • #4
        Originally posted by Nadia View Post
        This is very helpful. Thank you.

        What about proceeds from a film production? How would I go about requesting financial disclosure on this?
        We asked for statements from all banking accounts for 6-7months from all chequing and savings accounts. Honestly- I don't even know if that's overreaching- but it doesn't hurt to ask? We were provided with it.

        And before you do this- you can write a letter to each of the big banks and request information on whether the individual has any type of account with them- they obviously won't give it to you. But I think they do say whether the person has an account with the bank.

        Comment


        • #5
          I have different experience, but not sure how applicable it is. But to put this in perspective, I have a 50/50 access schedule and pay offset as the higher income earner.

          In my case, my ex provided zero financial disclosure other than a tax return and NOA. Despite requesting this information from counsel as well as at the case conference, they was not compelled to provide any information whatsoever. In my ex's case, they stopped working and is on LTD (no reason provided).


          That being said, you have a case for retro-active support since you can document and prove you requested the information. Any income your ex received needs to be disclosed to CRA and your child support is based on his income. This will be called "blameworthy conduct" on your ex's part. I'm not sure getting bank records or letters from boards are going to amount to anything and you will be accused of "going on a fishing expedition". This may not be as clear if your ex has a business where his income would not show up on line 150 on his tax return / NOA.


          Hope that helps

          Comment

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