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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 03-23-2022, 10:29 PM
nofrills nofrills is offline
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Default Review of CS and S7

Hi again,

My ex has retained a new lawyer to review CS and S7 sharing. We have been separated for 6 years and we have an agreement in place.

My income is from employment and in investments(cap gains and div income), all reported on T4 and T5. No other sources of income.

My income is variable, so on an annual basis, we recalculate CS for the prior year based on actual incomes and I usually have to make true up payments to match to actual calculated CS based on actual income.

Her lawyer is asking for my Tax Returns and Notice of assessments for the last 3 years and a sworn Form 13.

1. My ex should have all my returns and NOAs, because we exchange them every year to do our CS recalc. Do I need to provide this? I will because it's easy and I have nothing to hide.

2. A sworn 13F? WTF. We're divorced. Do I need to produce this, we're not in court?


BTW, this is her third lawyer in 6 years. So, I'm not sure how to take this.

thanks again for your help.
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  #2  
Old 03-24-2022, 08:14 AM
rockscan rockscan is offline
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Do you have copies of the correspondence to your ex each year as well as your payments either via cancelled cheque or bank statements? If you have been completely honest there should be no issue.

I would respond to the lawyer with copies of all that and outline just what you said. You provided all of this information, you both agreed to update each year and proof of this correspondence and payments is also attached. Finish with you do not believe there are any issues with the calculations unless their client has not been forthcoming with full disclosure.

Is one of your children headed to post secondary next year? That could be a prompt for more drastic measures like involving a lawyer.
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Old 03-24-2022, 11:49 PM
nofrills nofrills is offline
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Yes. I have all emails containing my returns and NOAs to her old lawyer. All payments were e-transfers.

Kids 9 and 11, we share custody. No post secondary yet.

I think she want to change or attempt to change child support payments and S7 expense ratio (currently 60/40).

Ex is a teacher and I believe she is on disability from a bicycle accident. Coincidentally, she went on disability a week before the TDSB teacher vaccination mandate, as she is not vaccinated. She has yet to confirm why she's not working, I'm only hearing this from the kids. Can I bring this up with her lawyer?

Also, if she on disability is she allowed to travel/vacation?
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Old 03-25-2022, 08:11 AM
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I think you can ask for documentation as well as a return to work plan. You may also be able to ask about her status at the board based on her vaccination. Many of the people who refuse to get vaxxed are holding out waiting for policies to change. She may be out of work soon.

You can ask her lawyer what is prompting these questions as well as ask yourself for an update on her employment and income.
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Old 03-25-2022, 10:25 AM
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blinkandimgone blinkandimgone is offline
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Her medical information and reasons for being on disability are none of your business so it's not information you're entitled to. That's between her and her doctor.

And yes, people on disability are allowed to vacation and travel - why wouldn't they be??
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Old 03-25-2022, 11:31 AM
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Quote:
Originally Posted by blinkandimgone View Post
Her medical information and reasons for being on disability are none of your business so it's not information you're entitled to. That's between her and her doctor.

And yes, people on disability are allowed to vacation and travel - why wouldn't they be??

Isnt it purposely underemployed? Wouldnt it be given if it was a male payor?
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Old 03-25-2022, 11:52 AM
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Gender is irrelevant. If they've satisfied the medical requirements and government requirements to be in receipt of disability, a disgruntled ex's opinion doesn't supersede that.

Being on disability, especially if OP knows the cause (stated bicycle accident) isn't intentionally underemployed. OP has no right to the specifics of her medical condition, a doctor letter stating that she is disabled and unable to work, whether at all or in her previous field, short term/temporary or long term/permanent, is all that's required.

Thankfully, it's not up to ex spouses to grant permission for someone to be considered disabled over what medical professionals have determined.
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Old 03-26-2022, 10:03 PM
nofrills nofrills is offline
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Sorry, I'm not disgruntle, my ex is the one who has instigated the review.

I've happily been paying my CS and true up payments every year in accordance to the Tables and our SA.

This will be the 3 time in 6 years that she has gone on disability. I guess it's none of my business when her income decreases. I guess it can go both ways then. If I suddenly go on disability or lose my job without cause, then she won't be able to question me and CS can potentially flip.

I'm fine with sending her lawyer my returns and calculations, but my ex should have all of that, so I don't know why she's asking. I don't want to go through the hassle of filling out a form 13. Is this a tactic to rack up billable hours or intimidate me?
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Old 03-27-2022, 10:28 AM
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I didn't say YOU were disgruntled, it was a general statement.

The details of her disability are none of your business, period, whether her income decreases or not. If they've provided a letter from the doctor indicating she's unable to work at this time that's all you need. And yes, if the situation were reversed, the details of you medical conditions would also be none of her business and a letter from the doctor would be all you need to provide.

If you've provided her the returns in the past and she's not provided them to her lawyer, her lawyer is doing their due diligence by requesting them and you can simply forward the emails you had sent the ex to the lawyer. It's just a part of the process and not always something sinister.
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Old 03-27-2022, 11:31 AM
canthisberight canthisberight is offline
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https://ca.news.yahoo.com/whos-keepi...080000239.html

Not sure how the TDSB is handling this..but...interesting, Ottawa staff, no vacinnes are being rehired...so..maybe she will be back to work
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