Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 10-13-2010, 11:47 PM
MikeOwenSound MikeOwenSound is offline
Junior Member
 
Join Date: Oct 2010
Posts: 9
MikeOwenSound is on a distinguished road
Default Motion to Vary Vs. Default hearing!

Question to all you forum readers.... My ex-wife has put a motion to vary (child support) to avoid a default hearing. (Yes, I have full custody of my children and she has access only on every second weekend) Is this a common act of someone who is about to have a default hearing and is in arrears in excess of 20,000 dollars?

Secondly, she lives with someone and declares no income and claims she does not work. The household income is listed as less than 5,000 dollars and they run a business that appears to be prosperous. Do I have a right of disclosure of the household income? As well, do I have a right for disclosure of business income and assets and expenditures?

Curious for suggestions and information.

Mike
  #2  
Old 10-13-2010, 11:53 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Fro's enforcement measures are stayed until the variance. I suspect, they will have some explaining to do with respect to their court ordered obligations.

Welcome to the forum.
  #3  
Old 10-14-2010, 12:03 AM
MikeOwenSound MikeOwenSound is offline
Junior Member
 
Join Date: Oct 2010
Posts: 9
MikeOwenSound is on a distinguished road
Default

Thanks Logical. I look forward to reading many more responses on this topic and many others that people post.

warmest regards
  #4  
Old 10-14-2010, 04:12 AM
Daves Daves is offline
Junior Member
 
Join Date: Oct 2010
Posts: 6
Daves is on a distinguished road
Default

my original court order in 2001 said that I pay my ex $249 a month for child support which was below the guide lines, also in 2006 she reiterated that 249 and signed a court paper stating that she knew it was below the guidlines.We went in front of a judge in Oshawa who wouldn't let me talk and said that that doesn't matter. Now she is going after the free cash. I have had this for 42 years and never thought in this country I could be treated so ignorantly by a judge.
  #5  
Old 10-14-2010, 10:51 AM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

Quote:
Originally Posted by Daves View Post
my original court order in 2001 said that I pay my ex $249 a month for child support which was below the guide lines, also in 2006 she reiterated that 249 and signed a court paper stating that she knew it was below the guidlines.We went in front of a judge in Oshawa who wouldn't let me talk and said that that doesn't matter. Now she is going after the free cash. I have had this for 42 years and never thought in this country I could be treated so ignorantly by a judge.
What's ignorant about this post is:

1.Your understanding of the word ignorant. Check Ignorant | Define Ignorant at Dictionary.com

2.Your understanding of the law regarding CS. You can't just contract out of CS. The court prioritizes the child's interests. In any issue of disagreement between the parties the court will always fall on the side where the child's best interests are served. You call it "free cash". The court calls is "child support". Consider yourself lucky that you have paid CS "which was below the guide lines" until now.

Last edited by dadtotheend; 10-14-2010 at 10:53 AM.
  #6  
Old 10-14-2010, 03:09 PM
MikeOwenSound MikeOwenSound is offline
Junior Member
 
Join Date: Oct 2010
Posts: 9
MikeOwenSound is on a distinguished road
Default

So am I allowed disclosure of the business they run together? (i.e. assets, income, expenditures. And, how is it a household can less than 5,000 dollar income and survive?
  #7  
Old 10-14-2010, 03:19 PM
billiechic billiechic is offline
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,373
billiechic is on a distinguished road
Default

A household cannot run on $5000 a year, that is blatantly obvious. I don't know how you can ask for disclosure, but someone here should know. Anyone??

I'm guessing the easiest thing would be to ask to have her income imputed (what she is capable of earning). Unless she claims undue hardship, which would open up the chance for you to ask for disclosure on the partner and business.
  #8  
Old 10-14-2010, 04:11 PM
Daves Daves is offline
Junior Member
 
Join Date: Oct 2010
Posts: 6
Daves is on a distinguished road
Default

[quote=dadtotheend;51439]What's ignorant about this post is:
the reason she asked for that amount is because she wanted a 1000 dollars a month for herself and believe me I have more than supported my kids, paying all their school trips phone bills etc their mother payed for absolutely nothing she was the one that came up with that figure not me.
One trip alone cost me over $4000 to go to Italy. Do I begrudge it no that what dads do, but she renegs on an agreement.
  #9  
Old 10-14-2010, 04:56 PM
billiechic billiechic is offline
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,373
billiechic is on a distinguished road
Default

sorry Daves, but you are ignorant of the way family law works. You could have disputed the costs for the trip (it probably was excessive), and she has EVERY RIGHT to ask you to pay CS according to the law (federal guidelines).

Is the $1000/month she's requesting for spousal support, or it that the guideline CS?
  #10  
Old 10-14-2010, 07:49 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Quote:
Originally Posted by billiechic View Post
A household cannot run on $5000 a year, that is blatantly obvious. I don't know how you can ask for disclosure, but someone here should know. Anyone??

I'm guessing the easiest thing would be to ask to have her income imputed (what she is capable of earning). Unless she claims undue hardship, which would open up the chance for you to ask for disclosure on the partner and business.
Fro has to seek relief by way of order, for third party financial disclosure, connected financially to the payor. See Section 40(4) and 40(5) of the respective. However, enforcement measures are effectively stayed until the variance is heard.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Default Hearing Curiosity Kimberley Financial Issues 42 03-16-2011 05:42 PM
motion hearing confirmation BitHunter Divorce & Family Law 3 12-11-2010 12:27 PM
Motion to Vary - Applicant's affidavit dickstacie Divorce & Family Law 4 02-17-2010 04:26 PM
no answer, motion to vary, confused on forms frustrated11 Divorce & Family Law 2 05-20-2009 10:11 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 08:44 PM.