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  • Ex won't supply Income Tax Return

    According to the court order, we are supposed to exchange our income tax returns in April. I gave him mine May 1st (the month of April was for the first time--we used to exchange in June) and requested he send me his. He hasn't responded.
    The present child support amount only runs until June, then it's to be a new amount starting July 1st. But a new amount can't be determined because he won't supply me with a copy of his ITR. Since payments are made through FRO, does that mean he won't be expected to make CS payments until there is new court order ( Form 15D--Consent Motion to Change Child Support, which is what we used last year)?
    I can't take him him to court without "leave" from the court (how do you ask the court for leave/permission, if it comes to that?)

  • #2
    Originally posted by Epona View Post
    According to the court order, we are supposed to exchange our income tax returns in April. I gave him mine May 1st (the month of April was for the first time--we used to exchange in June) and requested he send me his. He hasn't responded.
    The present child support amount only runs until June, then it's to be a new amount starting July 1st. But a new amount can't be determined because he won't supply me with a copy of his ITR. Since payments are made through FRO, does that mean he won't be expected to make CS payments until there is new court order ( Form 15D--Consent Motion to Change Child Support, which is what we used last year)?
    I can't take him him to court without "leave" from the court (how do you ask the court for leave/permission, if it comes to that?)
    1. Complete and and serve the other party with an official Form 20 "Request for Information".

    2. In the Form 20 simply CUT AND PASTE the paragraph from the order where the NOAs are to be exchanged.

    3. Sign the Form 20 (doesn't need a lawyer as it is not an affidavit) and send it via courier with signature service to the other party.

    4. Wait 20 days until such time you do not get a response to the Form 20 request for information.

    5. Complete a "Form 15" (Family Law Rules) (motion to change) Form 15 of the Family Law Rules, O. Reg. 114/99.

    6. Write a short Affidavit (Form 14) and attach the Form 20 you sent, and the proof of service. Request the disclosure of the NOA from the other parent in accordance with the court order, an adjustment of the child support in accordance with the order and the FLR and for all costs of the motion.

    Good Luck!
    Tayken

    Comment


    • #3
      NOA....is notice of assessment..................and it's motion to vary without consent 15c or b or sumthin and you may have to send out the form for checking if supports been assigned...sumthin also about a red cover sheet...anyways go to family info centre at the superior court they'll make sure your goin the right direction to get that extra 50 bucks at the end of the month.

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      • #4
        Originally posted by theborg View Post
        NOA....is notice of assessment..................and it's motion to vary without consent 15c or b or sumthin and you may have to send out the form for checking if supports been assigned...sumthin also about a red cover sheet...anyways go to family info centre at the superior court they'll make sure your goin the right direction to get that extra 50 bucks at the end of the month.
        Ignore "TheBorg" the information is wildly incorrect.

        http://www.attorneygeneral.jus.gov.o..._change_EN.pdf

        Here are all the forms under RULE 15 of the Family Law Rules:

        • Form 15: Motion to Change
        • Form 15A: Change Information Form
        • Form 15B: Response to Motion to Change
        • Form 15C: Consent Motion to Change
        • Form 15D: Consent Motion to Change Child Support

        Good Luck!
        Tayken

        Comment


        • #5
          @ the borg --would be nice if it were an increase! Most likely will be a decrease!
          @ Tayken -- but how does one ask the court for "leave"? I'm not permitted to take any action without getting permission from the court.

          Comment


          • #6
            Originally posted by Epona View Post
            @ the borg --would be nice if it were an increase! Most likely will be a decrease!
            @ Tayken -- but how does one ask the court for "leave"? I'm not permitted to take any action without getting permission from the court.
            First question: Why are matters ceased like this on your file? Generally this is done in the most high conflict situation against the party that has a finding of bad faith against them.

            Looking up the information...

            Comment


            • #7
              To be perfectly honest, I don't know. Perhaps the fact exes lawyer is also a deputy judge at the courthouse may have something to do with it. Otherwise, I have no clue. So if the judge and exes' lawyer/deputy judge (in small claims court) decided to conspire to punish me for having the audacity to take my ex to court, they failed in that it is not clear to me why I have been so punished.

              Comment

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