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

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Old 05-27-2011, 11:54 PM
JB514 JB514 is offline
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Default Can Child Support be averaged for the last 3 years?

Hi everyone! I am new to this forum so let me introduce my situation a little. Any advice will be greatly appreciated.

I have a 14 year old daughter with my ex wife. For the past 7 years my daughter and I had on and off relationship. The off part of the relationship was always of my daughter's will (with or without x's influence) and on part was of my effort. However, it got so bad that I have to be very carful what I say because the slightest critic, guidance or simple misunderstanding leads to drama and rejection. I have tried to be the best father I could be + which involved a lot of sucking up to my ex so that she does not use my daughter against me, but I am tired now of being the punching bag
Anyway, here is why I wrote all of the above.... In 2006 my ex took me to court for CS order and full custody (because she was pissed). I paid CS to her personally according to guidelines. So now the payments go through FRO and she got full custody. The court order states that I am to provide her with Letters of Assessment at her request every year by June 1st. She has not asked me for any letters of assessment in the past and I didn't provide them. However, my income has been substantially lower in 2007, 2008, 2009 than in original court order. I have been self employed (trim carpenter) since 2005 and yes there were business related expenses written off but nothing absurd. I did not want to push the lower CS order with my ex cause I knew that will cause a lot of bs and I still hoped that I could have a decent relationship with my daughter. Now that we have another falling out over silly stuff, she requested letters of assessment for the past 3 years and I know she thinks that I make more now cause I have been self employed now for some 6 years. But little does she know that it took some investment over the years etc. Also, It could be really quiet for months and then supper busy. Now here is the kicker: in 2010 I have made more than in the original court order and I KNOW that she will not care that I overpaid for the past 4 years and never complained. She will want more money. There is Baker & Baker website that according to section 17 (I believe) of Federal Guidelines the courts might average the past 3 years to get the fair amount of CS. Does anyone know if its a valid point based on my situation and why I didn't apply for reduction earlier? Also, since the due date for submitting my assessments is June 1 and my ex gave me 30 days to do it 2 weeks ago, my 2010 has not arrived yet. Do I submit to her just 2007/8/9? Can I be taken to court by her for order contempt if I do not provide her with 2010 in time? Also, do I submit (it was a letter from her and not her lawyer)to her copies of assessment or originals? Thanks for all your time to read this.
Sorry for such a long post I just thought that all the details are important.
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Old 05-28-2011, 11:26 AM
beebie beebie is offline
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Could probably make application for a recalc of child support of last 4 years or whatever. Yeesh isn't there a child support recalc program in Ont where the enforcement agency (FRO?) does this recalc every year?

But why not sit down and discuss openly with mother and try to reach resolution? Then you two could think about your child more and worry about money less.

I have a teen. Always speak from the heart using the "I feel" statements.
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Old 05-28-2011, 11:58 AM
JB514 JB514 is offline
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Hi beebie, unfortunately FRO only acts on a court order and possibly if both parties consent to the change. As for sitting down and discussing the issue with my ex, it is absolutely out of the question. Even though it is her right to see my finances and expect the proper CS, it is a fact that at the moment she is doing it out of spite. Given the fact that she presumes I made more money in the past few years, therefore I will be owing her money retroactively, she served me with her letter exactly on my birthday just to prove a point. As for even talking to her, it always ends or starts the same if she is pissed at me. She will literally scream at me, call me names and will not listen at all and then she hangs up when she is "out of breath". That is why I was hoping that maybe someone here had a similar CS situation and could share their experience and answer my few questions in the 1st post. Thank you for your post.
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Old 05-28-2011, 01:28 PM
beebie beebie is offline
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Well I think averaging of income is done mainly when there is doubt about what income was earned but others on the forum may know more.

If you are self employed you should send your tax return and your NA as far as I know. Give her what you filed and offer the NA when it arrives.

however if there are s.7 expenses then she has to give you the same so send her the same request as she sent you...on Father's Day!
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Old 05-28-2011, 04:32 PM
beebie beebie is offline
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Not trying to spam you continuously but I am interested because I have a friend in the same situation except she is the ex wife of a self employed tradesperson . He failed to give her any income information for the last 3 years and of course she got suspicious and requested financial information. Now she is demanding to see everything, that is full income tax returns including schedules, Not of Assessment,and corporate financial statements for each year. Also entitled to corporate income tax returns under our province's legislation (AB). Can't say I blame her.

I think s17 of the FCSG may apply to large swings in inome earnings or it may apply where a business takes a one time gain or loss which would be unfair to deem as that year's income.

My friend will hopefully be getting a recalc and arears which will be put into an Order and enforced.

As much as it shouldn't affect relations with the child, it does.
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Old 05-29-2011, 11:13 PM
JB514 JB514 is offline
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Hi, yes with corporation it would be a little different cause you draw a salary for yourself and one might draw a smaller salary to show a smaller salary. I do not have a corporation and everything that I make is reflected on my taxes. No offense intended to you or your friend (maybe she is right on with this guy's finances), but so far what I have seen on this forum and out in the world is that if a guy makes less, or straggling, or started a new family....the list continues, and the Xs are all of a sudden suspicious, angry, demanding and not understanding. But when a father requests what rightfully is his whether its seing his daughter, inquiring how the child is doing in school, or expresses his opinion on an issue he is told to mind his own business all of a sudden. I am sorry if it sounds a little harsh and I truly mean no offense to anyone but it just happens so often and I also live through it myself. I will give you a small example of what precipitated our last falling out. It is very simple and a very good example of what I said earlier.

My nephew was getting married and my daughter said that she needs a dress to go to the wedding. Her other dress she wore for another wedding had a stain. Anyway, I said ok they (her mom and her) can buy a dress and I will reimburse her mom. I could not go shopping with her because everything (close wise) that my family or I buy for her, her mother returns or exchanges. Anyway, one day I get a phone call from her saying that they bought a skirt and a blouse instead. I merely inquired why she did no buy an actual dress I got an earful that they know better whats best for her, that her mother went out of her way to shop, thats its not any of my business what they buy as long as she looks nice for the wedding etc...it is true, and no one would say otherwise, she still would look cute in her blouse+skirt, but what kills me is this---I said I would pay for a dress and it ended up being NONE OF MY BUSINESS???. No one consulted me. And I ended up being the bad guy. And now that they are upset at me they need to make sure that I didn't slip a quick one by them. I know it sounds so petty and I myself is disgusted how far it has gotten that is why I just give up. If I have no voice whatsoever and just simply used then I will rather move on with my new family and not put them through stress and disrespect no more.
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Old 05-29-2011, 11:26 PM
JB514 JB514 is offline
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And Thank you for your advice on extraordinary expenses, but it does not apply to me at the moment. But even if it did, it would do me no good because the x works for cash mostly ; (
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