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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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  #1  
Old 04-29-2011, 02:52 PM
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Epona Epona is offline
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Default Which seems fairer?

Opinions being sought for preferrred/more realistic option: Option A or Option B? Or a combination of the two? Something different?
Goal is to agree on a fair method to record change of child support via FRO and Proportionate share of S.7 expenses each year...


OPTION A:

1.The party making the lower level of income at April 30th of the applicable year (“the first party”) will prepare the Form 15 Motion to Change and/or any other documentation required. That party will then forward the documents to the other party (“the second party”) for their review. This shall be done as soon as possible after April 30th.
2.The second party will prepare the Form 15-C Consent to Motion to Change and/or any other documentation required, and will return that to the first party, along with any documents previously forwarded by the first party. The other party shall do this as soon as possible.
3.The first party will file the Form 15, the Form 15-C and any other required documentation with the Court as soon as possible.
4.The first party will provide a copy of the revised Court Order to both the second party and the Family Responsibility Office as soon as possible.
5.The first party may provide to the second party proof of payment of any related Court filing costs. The second party will reimburse the first party for 50% of those Court filing costs within 10 days of receipt of the proof of payment.


OPTION B:


1. Each year the parties shall alternate filing changes to child support and proportionate S.7 reimbursements at their own expense. X will be responsible in odd years and Y will be responsible in even years.

2. The parties will supply copies of their respective Income Tax Return and Assessment to the other no later than April 30th. From line 150 of Y's Income Tax Return with appropriate amendments, child support will be determined. Proportionate S.7 expenses will be either 75% Y and 25% X, or proportionate shares based on their respective earned incomes.
3. Once Income Tax Returns and Assessments have been exchanged for the previous taxation year the adjusted child-care amount shall be determined using the Federal Child Support Guidelines.
4. When only Child Support needs to be adjusted, the party responsible will fill out form 15D "Consent Motion to Change Child Support", submit it to the other party for signature in front of witness and return to filing party as soon as possible. The filing party will sign paper in front of witness and file form with applicable papers with Ontario Court of Justice as soon as possible.
5. When other changes need to be made, i.e. respective shares to S.7 expenses, form 15C "Consent Motion to Change" will be filled out, presented to the other party, signed and witnessed if in agreement and returned to the preparing party for filing with Ontario Court of Justice in appropriate manner.


Or any other suggestions? Thank you!


  #2  
Old 04-29-2011, 03:13 PM
WorkingDAD WorkingDAD is offline
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I would just go with who benefit from readjustment ... and avoid wording like "as soon as possible" and also add penalties for not doing it withing period or clause that readjusted amount should paid since day it become known / agreeable not motion signed etc ...


I hate FRO
Even never been evolved with it.
  #3  
Old 04-29-2011, 05:43 PM
DunnMom DunnMom is offline
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I think I kinda agree with WorkingDad ... whomever the "adjustment" benefits should be the one initiaging it.
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Old 04-29-2011, 06:36 PM
dinkyface dinkyface is offline
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Alternating years just doesn't work.
- If my incoming CS would go up, but it's not my year to file, then I'd be worrying whether the ex is really going to file.
- If my incoming CS would go down, but it my year to file... well then I'd be motivated not to bother.

Whoever wants the change should file. And you should split costs each time. This means no need for penalties for not filing.

If either wants to retain a lawyer, i.e. to dispute the change, then it would be at their own cost.

Notice of Assessment (NOA) comes AFTER the return is filed. Filing deadline is generally April 30, so that means it could be the end of May. Be clear on what exactly you are exchanging: the Tax Return itself? (this might have more info than you'd want to share) or the NOA?

Last edited by dinkyface; 04-29-2011 at 06:39 PM.
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Old 04-29-2011, 07:06 PM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by dinkyface View Post
Alternating years just doesn't work.
- If my incoming CS would go up, but it's not my year to file, then I'd be worrying whether the ex is really going to file.
- If my incoming CS would go down, but it my year to file... well then I'd be motivated not to bother.

Whoever wants the change should file. And you should split costs each time. This means no need for penalties for not filing.

If either wants to retain a lawyer, i.e. to dispute the change, then it would be at their own cost.

Notice of Assessment (NOA) comes AFTER the return is filed. Filing deadline is generally April 30, so that means it could be the end of May. Be clear on what exactly you are exchanging: the Tax Return itself? (this might have more info than you'd want to share) or the NOA?
Well said dinkyface
I would also add if I not mistaken you actually not required to file taxes every year if you not own anything to CRA. If I am not mistaken you have to do it at least once in 5 years

I probably not have a lot of knowledge in this area but why would you exchange Tax Return ? It has nothing to do with CS. I mean CS base on line 150. My tax return has my wife info on it for example...

Last edited by WorkingDAD; 04-29-2011 at 07:09 PM.
  #6  
Old 04-29-2011, 07:10 PM
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Epona Epona is offline
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Hmmm...does it cost anything to file a "Consent Motion"? Aside from your time and photocopying and stamps?
I'd like to find out all what's involved before agreeing to anything. My ex wants me to do it every year, and half of nothing is .... nothing (my cost in $). He benefits this year (child support decreases) and presently refuses to sign the paperwork to change it. Yet he will blame me if it isn't changed by July for FRO.
Somehow I don't think he'll like to take care of the paperwork every year.
We've always exchanged income tax returns and assessments by June 30th (because he was/is self-employed, but he won't supply his business records as he has been ordered) and he wants to move it sooner (to April).
How would we know who the lower income earner is until after the ITA's have been exchanged (more than likely, it'll always be me)?
Don't know how to phrase "...the one who wishes to change child support amount more will file...." Doesn't sound very legalize!
True, you don't HAVE to file each year IF you don't owe taxes. However, it's to your benefit to file to receive CCTB, and tax rebates and credits. So it's in my best interests to file every year. I do that anyway. I think it's pretty standard to exchange copies of tax returns and assessments and re-assessments (if applicable). Showing what is on line 150 of your income tax return is your "proof" of amount earned to determine child support. You could "block out" portions of your income tax return that show your spouses income (just cover the spouses SIN and income with a strip of post-it note).
We exchange copies of income tax return and assessments (ex is an accountant, self-employed no less, so I'm certain he has hidden money -- I find it difficult to believe that I'm in better financial shape after being unemployed 12 years while he's been working all that time, per our respective financials from last year!)

Last edited by Epona; 04-29-2011 at 07:25 PM.
  #7  
Old 04-29-2011, 07:28 PM
WorkingDAD WorkingDAD is offline
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you do because you benefit. That a point.
I still would not agree to exchage Tax Return - just NOA. But lest look what
Family Law Act - O. Reg. 391/97 | CHILD SUPPORT GUIDELINES

Annual obligation to provide income information
25.1 (1) Every person whose income or other financial information is used to determine the amount of a child support obligation under a domestic contract or other written agreement shall, no later than 30 days after the anniversary of the date on which the contract or agreement was entered into in every year in which the child is a child within the meaning of this Regulation, provide every party to the contract or agreement with the following, unless the parties have agreed otherwise in a domestic contract or other agreement:
1. For the most recent taxation year, a copy of the person’s,
i. personal income tax return, including any materials that were filed with the return, and
ii. notice of assessment and, if any, notice of reassessment.
2. If the contract or agreement provides for the payment of any of the expenses referred to in clauses 7 (1) (a) to (f), any current information in writing about,
i. the status and amount of the expenses, and
ii. any loan, scholarship or bursaries the child has received or will receive in the coming year that affect or will affect the expenses referred to in subparagraph i. O. Reg. 25/10, s. 8.
Notices of assessment
(2) If the person has not received his or her notice of assessment or notice of reassessment for the most recent taxation year by the date referred to in subsection (1), the person shall provide every party to the contract or agreement with a copy of the notice as soon as possible after the person receives the notice. O. Reg. 25/10, s. 8.
Change in address
(3) If the address at which a party to the domestic contract or agreement receives documents changes, the party shall, at least 30 days before the next anniversary of the date on which the contract or agreement was entered into, give written notice of his or her updated address information to every person required to provide documents and information under subsection (1). O. Reg. 25/10, s. 8.
Failure to comply
(4) If a person required to provide a document or information under this section fails to do so, a court may, on application by the person who did not receive the document or information, make one or more of the following orders:
1. An order awarding costs in favour of the applicant up to an amount that fully compensates the applicant for all costs incurred in the proceedings.
2. An order requiring the person to provide the document or information to,
i. the court,
ii. the applicant, and
iii. any other party to the domestic contract or other written agreement to whom the person did not provide the document or information when required to do so. O. Reg. 25/10, s. 8.
  #8  
Old 04-29-2011, 08:28 PM
red6419 red6419 is offline
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no "reasonable amount of time" your "reasonable" could be someone else's six months.
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