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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-07-2007, 06:59 PM
DadofTwoGirls DadofTwoGirls is offline
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Default To and FRO

Situation:

Divorced, two kids, shared parenting 50/50, agreement 31 May 05.

Agreement calls for annual review based on "current income" and disclosure by May each year.

I am payor.

In May 06 I provide full disclosure. Attempts to get disclosure from other side prove fruitless.

I made a unilateral change to CS starting Jan 07 based on my income and ex's semi-disclosure. This resulted in a reduction of about 15% of CS amount.

Ex filed with FRO and now FRO will enforce May 05 CS amount which was based on ex's income of $10k.

Should I go to court and force full disclosure and adjustment of CS? I have never missed or been late with a CS payment. Will the court look negatively on her filing with FRO when she hasn't provided disclosure?

I think my options are to take her to court now and force disclosure and adjustment or wait until May 07 to see if she discloses.

Any thoughts?

Thanks
  #2  
Old 02-08-2007, 08:25 AM
logicalvelocity logicalvelocity is offline
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DadofTwoGirls,

Since the other party is not co-operating; your only resort is to bring a motion to have the individual provide full financial disclosure. Under the Family Law Rules, each party would have to serve and file full financial disclosure by default. If this does not occur be sure to seek costs.


see rule 13(4):

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm


FINANCIAL STATEMENT WITH MOTION TO CHANGE SUPPORT

(4) The following requirements apply if a motion contains a claim for a change in a support order or agreement:

1. The party making the motion shall serve and file a financial statement (Form 13 or 13.1) with the notice of motion.

2. The party against whom the claim is made shall serve and file a financial statement as soon as possible after being served with the notice of motion, but in any event no later than two days before the motion date. Any affidavit in response to the motion shall be served and filed at the same time as the financial statement. O. Reg. 114/99, r. 13 (4); O. Reg. 76/06, s. 5 (2).


lv
  #3  
Old 02-09-2007, 12:08 AM
DadofTwoGirls DadofTwoGirls is offline
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Is it possible to venture down this road without a lawyer? Waht are the pitfalls of such a strategy? I value the professionalism but I don't want to be part of a firm lawyer's 2000 billable hours wit hlittle results.

How have others faired taking the self-representation approach?
  #4  
Old 02-09-2007, 12:18 AM
logicalvelocity logicalvelocity is offline
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Dad of Two,

Yes it is possible to venture down this road without a lawyer. Support of children is a paramount consideration of the court. Both parent's are legally obligated to provide same.

Everything will swing on the facts. If in fact the individuals income has increased substantially, this will not look good on them.

lv
  #5  
Old 02-16-2007, 01:27 PM
DadofTwoGirls DadofTwoGirls is offline
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Pardon my ignorance, but where do I fond Form 13 or 13.1?

Thanks
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Old 02-16-2007, 06:12 PM
logicalvelocity logicalvelocity is offline
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Dadoftwo,

you can find the Ontario Family Law Forms here:

http://www.ontariocourtforms.on.ca/e...mily/index.jsp

They are available in word and pdf format. If you want a professional look and don't have ms word, go to "open office" http://www.openoffice.org/ and get the "free" office suite which you will be able to open the "msworddoc" format and type in your entries.

lv
  #7  
Old 02-22-2007, 01:05 PM
inlimbo inlimbo is offline
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Default FRO Question

Logicalvelocity,
in your reply to DadOfTwo's post re:FRO, I have a question:

scenario;

- 2004 Court Order for Child support to be collected through FRO. Order was not enforced, for several reasons one being I was unaware and overseas.

-2006 case conference support deduction order is placed unilaterally by ex on new and slightly higher amount of CS .
No disclosure given STILL TODAY even though new amount was agreed with understanding that disclosure was to follow. Ex is self-employed.

-In trying to settle other issues thru lawyer, I did not file paperwork with FRO to put ex in arrears re;2004 Court Order. Yet, there is 2006 Order in place.

-Now it is almost 1 yr later that the new unilaterally changed amount is in place. I am hoping to address CS issue without lawyer b/c it has been very expensive so far to even just ask for disclosure.

CAN I go back to the 2004 Order? i.e do the paperwork and send to FRO quoting the Order in question?
Or, does today's current order (obtained during case conference and stating that he would give me disclosure before settling on amount) erase the order of 2004?
We still do not have a final order on anything at all; access is in place.

Thank you for your help,
inlimbo.
  #8  
Old 02-22-2007, 02:24 PM
KScull KScull is offline
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Default Logicalvelocity

I have some questions regarding CS as well. I was of the impression that support was based on the income of the non-custodial parent. We have made several requests, both to the lawyer representing the Ex and through court. To date nothing has ever been provided from her.

She is, go figure, a lawyer, and is self employed, (not part of a firm). I do not understand why she can get away with this type of thing and the courts have never ordered her to disclose. How does her income factor in? From what I can gather from friends that are lawyers or work for lawyers she should have an income 4 or 5 times what my husband makes.
We adjust the amount every year end. If there is an amount owing we pay up right away. If there was an over payment we request a credit from her and usually get it if she is in a good mood that day. We also provide full financial disclosure every year once we get our notice of assessment without being asked for them by her. We withdrew from the FRO 3 or 4 years ago at her request. How does her income come into play when calculating the CS amount? The tables only indicate the non-custodial parent’s income.

.

Can you offer advice?
  #9  
Old 02-22-2007, 07:09 PM
logicalvelocity logicalvelocity is offline
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inlimbo,

as you mentioned,

Quote:
- 2004 Court Order for Child support to be collected through FRO. Order was not enforced, for several reasons one being I was unaware and overseas.
When the court issues a support order, by default the court Registrar issues a support deduction order (SDO)and forwards same to the FRO. This is only part of the process as the recipient still has a FRO "Registration Package" to complete and forward to the FRO. If this Registration Package is not completed by the recipient of the support order then FRO cannot enforce the order.

You can get a copy of the necessary FRO "Registration package" for your completion here:

http://www.mcss.gov.on.ca/mcss/engli...fro_common.htm

Quote:
-2006 case conference support deduction order is placed unilaterally by ex on new and slightly higher amount of CS .
No disclosure given STILL TODAY even though new amount was agreed with understanding that disclosure was to follow. Ex is self-employed.
Give your ex a reasonable amount of time to complete a sworn financial statement such as form 13.1. Reasonable amount of time would be 30 days. Anything beyond that is unacceptable and somewhat suggests that they are in contempt of the disclosure order.

Quote:
In trying to settle other issues thru lawyer, I did not file paperwork with FRO to put ex in arrears re;2004 Court Order. Yet, there is 2006 Order in place.

-Now it is almost 1 yr later that the new unilaterally changed amount is in place. I am hoping to address CS issue without lawyer b/c it has been very expensive so far to even just ask for disclosure.

CAN I go back to the 2004 Order? i.e do the paperwork and send to FRO quoting the Order in question?
Or, does today's current order (obtained during case conference and stating that he would give me disclosure before settling on amount) erase the order of 2004?
We still do not have a final order on anything at all; access is in place.
The first thing you have to do is get a copy of the 2004 support order and also the 2006 order. Complete a FRO Registration package. Calculate all arrears owing plus interest. Once this in place FRO can enforce both support orders.

On the matter of not receiving financial disclosure from the other party as per the 2006 held case conference order ;You can go a few routes.

You could bring forth a contempt motion. However, contempt has to be proven willful as it is quasi criminal. The Judge will question the reason why the individual has not followed the order and most likely issue a subsequent order IE: provide financial disclosure within 15 days.

You could file a motion to input an income to the individual and claim guideline support in regards to the inputted income.

You could schedule another case conference and request the court to enforce the previous order.

You could file a motion to have their pleadings struck.


Whatever route you go, Be sure to seek costs of the action.

lv
  #10  
Old 02-22-2007, 07:22 PM
logicalvelocity logicalvelocity is offline
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KScull,

as you mentioned

Quote:
I have some questions regarding CS as well. I was of the impression that support was based on the income of the non-custodial parent. We have made several requests, both to the lawyer representing the Ex and through court. To date nothing has ever been provided from her.
What type of custody regime is in place? From the remainder of your post, I presume to be some sort of shared custody regime in place.

That being so, an offset amount of child support would be calculated as follows for one child:

Parent A earns 125K per year

Parent B earns 90K per year

Guideline amount for parent A is $ $1,068.00
Guideline amount for parent B is $ $ 798.00

Subtract Parent B from Parent A amount = $270 .

Parent A would pay $270 to Parent B.

Request full financial disclosure of the party. If they ignore the request, bring forth a motion to obtain an order for full financial disclosure. Because they are a lawyer, the courts will also expect them to follow their orders and will hold them to the high standard of following the family law rules.


lv
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