Hi folks
I've been lurking on this forum for the last few weeks to try and get some tips on my upcoming court case and finally decided to post to try and get some feedback on the particulars of my case.
Long story short, my ex and I lived together, had one child, were never married and seperated 2 years ago. When we separated we signed an agreement for custody (43% with me and 57% with her) and agreed that no child support would be paid. I continued to pay half of any non day-to-day expenses such as day care, clothing, organized sports etc.
One year ago she filed a court case asking for the child support amount and sole custody. We came to an agreement out of court and signed a new written agreement that retained the same custody arrangements and I agreed to pay her approximately 60% of the table amount (our gross income was comparable at the time). I have paid the CS to her each month and on time. In addition to that, I have also spent more on the child's clothing than she has and also purchased the child a bike in the spring.
When my ex told me that she couldn't afford to buy summer clothes for our child, I had enough and applied for half of the Canada Child Tax Benefit and was granted that after a review. I also claimed my child as an eligible dependent on my income tax return. Following that, I closed the joint bank account we held together since the account was constantly in overdraft and was being used as her float until pay day. I believe that this series of events sent her over the edge and now she has started court action in retaliation. She is now asking for the table amount and no more overnight stays on the weeknights.
All in all, I feel great about going into court on Thursday. I have my child's report cards which are all positive. My ex even acknowledges in her claim that our child is very well behaved and well adjusted. In addition, not only do I pay the CS but I contribute more than she does to the financial upbringing of our child (above and beyond the CS amount)....but apparently she is not happy with just "breaking even" at the end of the month while I am out of pocket hundreds of dollars.
I do have a couple questions though - My ex has completed a financial statement but has neglected to claim at least 3 different sources of income (which I have proof of). From what I understand, intentionally lying on financial statement is perjury...but how does a judge view this? And could it impact our case at all?
Secondly, I recently learned that she is moving in with her boyfriend at the end of this month. Will that have any effect on the amount of child support?
Also, she claims financial hardship but two weeks after I was served with the court docs, she went on a an all inclusive trip to the Dominican for a week (bonehead!).
As for me, I am a reasonable guy. I still get along great with her family. Her dad invited my child and I over to their family's Easter dinner this year (as he put it, "I will tell [my ex, his daughter] that you are coming over and she can decide for herself if she wants to attend or not") and her brother and I are on the same hockey team and carpool there together. Also, my ex asked me to be a personal reference for a job she was applying for earlier this year and I agreed (this was AFTER our first court date).
Sorry I tried to keep it short but I tend to go on sometimes....thanks for reading this far and please
Any feedback is appreciated.
Thanks!
I've been lurking on this forum for the last few weeks to try and get some tips on my upcoming court case and finally decided to post to try and get some feedback on the particulars of my case.
Long story short, my ex and I lived together, had one child, were never married and seperated 2 years ago. When we separated we signed an agreement for custody (43% with me and 57% with her) and agreed that no child support would be paid. I continued to pay half of any non day-to-day expenses such as day care, clothing, organized sports etc.
One year ago she filed a court case asking for the child support amount and sole custody. We came to an agreement out of court and signed a new written agreement that retained the same custody arrangements and I agreed to pay her approximately 60% of the table amount (our gross income was comparable at the time). I have paid the CS to her each month and on time. In addition to that, I have also spent more on the child's clothing than she has and also purchased the child a bike in the spring.
When my ex told me that she couldn't afford to buy summer clothes for our child, I had enough and applied for half of the Canada Child Tax Benefit and was granted that after a review. I also claimed my child as an eligible dependent on my income tax return. Following that, I closed the joint bank account we held together since the account was constantly in overdraft and was being used as her float until pay day. I believe that this series of events sent her over the edge and now she has started court action in retaliation. She is now asking for the table amount and no more overnight stays on the weeknights.
All in all, I feel great about going into court on Thursday. I have my child's report cards which are all positive. My ex even acknowledges in her claim that our child is very well behaved and well adjusted. In addition, not only do I pay the CS but I contribute more than she does to the financial upbringing of our child (above and beyond the CS amount)....but apparently she is not happy with just "breaking even" at the end of the month while I am out of pocket hundreds of dollars.
I do have a couple questions though - My ex has completed a financial statement but has neglected to claim at least 3 different sources of income (which I have proof of). From what I understand, intentionally lying on financial statement is perjury...but how does a judge view this? And could it impact our case at all?
Secondly, I recently learned that she is moving in with her boyfriend at the end of this month. Will that have any effect on the amount of child support?
Also, she claims financial hardship but two weeks after I was served with the court docs, she went on a an all inclusive trip to the Dominican for a week (bonehead!).
As for me, I am a reasonable guy. I still get along great with her family. Her dad invited my child and I over to their family's Easter dinner this year (as he put it, "I will tell [my ex, his daughter] that you are coming over and she can decide for herself if she wants to attend or not") and her brother and I are on the same hockey team and carpool there together. Also, my ex asked me to be a personal reference for a job she was applying for earlier this year and I agreed (this was AFTER our first court date).
Sorry I tried to keep it short but I tend to go on sometimes....thanks for reading this far and please
Any feedback is appreciated.
Thanks!
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