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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 10-13-2019, 08:01 PM
Codename Codename is offline
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Default Child Support/Disclosure of Income/Small Claims Court

To All Members that are reading I will give it in point form.
The matter is my daughter and her ex.
-live together for 4 years
-separated at the end of 2014 they had one child (Child was 1 1/2 at separation)
-during there time together she lent her ex money to start a business
-they signed a separation agreement dealing with the child
-shared custody 5-5-2-2 shift
-in the separation agreement there was no division of assets, non needed
-she took his to small claims court and won a judgement for the money borrowed
-in 2016 she had to take him to court for small claims because he was not making the payments as agreed
-he has been paying until the beginning of this year
-his loan should of been paid this October
-his financial statement showed he made over $100,000
- she requested child support since she found out his salary was 3 times more based on shared custody
-he refused and told her she was not entitled to child support
-the agreement states that they both seek mediation in case of conflict
-he refused
-he stated that his lawyer would get back to her
-his lawyer never did contact her
-in the meantime she is fighting to get her money for the small claims court
-she asked again to have child support and to pay for there sons swimming lessons, karate lessons, and summer camp
-he said he not obligated
-the separation agreement states that sec 7 to be shared 50/50
-there son needed dental work and eye glasses he refused to pay his share
-he even has advertisement on kijjijj looking for help paying $65/hour for help in snow plowing
-he now marries and starts a new company with his new wife
-drives a $90,000 truck, lives in a big house, has many man toys
-this year my daughter hires a lawyer to file for child support and sec 7
-he is self represented
-since he is self employed he needs to disclose his financials'
-the process that has taken so far has been lengthy
- a judge issue a court order to disclose all necessary documentation
-the judge even advised him to hire a lawyer
-the judge tells him "you under stand Mr.--------- you state on your notice assessment that you made $15,000 but just your truck payments are over $20,000. Do you understand this"
-in the meantime there is another lawyer regarding his non payments for the money borrowed
-the judge has issued him in contempt of court and a warrant has been issued for his arrest since he has not disclosed information for small claims and has not made any appearance requested by the courts
-he has ignored Family Court and Superior Court in disclosing his financial statements.
-the small claims lawyer has even issued a garnishment order to a company which was believed he work for. The company denied that they ever heard of him.
-few weeks later photos were taken of the ex working for this company
-small claims lawyer has initiated a summons to this company for not obeying the garnishment order
-the line of work that he does is self contractor, plowing, indoor renovations, landscaping, interlocking
-the family law lawyer is now making a motion to move to strike all of his pleadings. (LOTS OF CASH JOBS)
-in one of the case conference the judge explained to him the reason for financial discloser and why his tax assessment are not enough since he only claims $15,000 to CCRA.
-it has been costing thus far $18,000.00
-three appearances in court, two case conference to get his financial
-Question to anyone that can answer, how far does one have to go to get this guy to disclose his income?
-Will she be able to get discloser or does a judge have to input income on this guy.
-how about all this money being spent even to get him to pay for half of his dental bill this is getting a bit out of hand.
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  #2  
Old 10-13-2019, 10:21 PM
Stillbreathing Stillbreathing is offline
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$18,000.00 is peanuts to spend on lawyers. Iíve already spent in excess of $300,000 these past 8 years with not a single issue settled.

He may never give disclosure even if he is sent to jail for contempt. You may need to hire a private detective. The court will likely impute an income to him. Then you are stuck with the challenge of collecting any money owed. Are you registered with FRO for child support collection?

You need to ask yourself if the aggravation and financial cost of pursuing this is worth it?

Good luck
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  #3  
Old 10-13-2019, 10:40 PM
rockscan rockscan is offline
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Welcome to Family Law. Unfortunately you have to spend money to get money and if they donít want to pay, you end up in this situation.

It will probably take a trial to get an income imputed and an order issued. You are doing the right thing and the lawyer can work to move it through. Tell them you want to be put on the trial list and keep pushing. She can argue for costs at the end and based on how he is acting, she will probably win.

As for small claims, get the photos and have the accounting files subpoenaed.
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Old 10-14-2019, 08:02 AM
Codename Codename is offline
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Thank you for responding. Yes I do agree that sometimes the cost out weighs the benefit. For the small claims court since there is a judgement his income can be garnished. The company that the small claims lawyer tried to garnish is now in a bit of trouble. Since photos were taken of him driving there truck.
As per the Family Law, I agree it costs money and she will probably never get his income from him. But, here is what we have: in 2017 she took him for the examination hearing he hired a lawyer and he did have a financial statement with bank statements. This is how she found out that he made well over $100,000 in a year. Thus far her lawyer wanted him to disclose his financial matters and not to take advantage of what was disclosed in Small Claims Court in 2017.
The Motion that is being made strike to move the matter since he has not disclosed his income and the matter that he has also a warrant issued by the Small Claims Court supposedly does not look very good for him.
Yes they will probably take the matter to trail to inpute income on him and it will cost money. But the fact of the matter is that FRO will remove his drivers licence, take passport away and the tally will just get higher and higher for him to pay. Eventually this guy will need to find a regular paying job. Someone out there is going to hire him and Ottawa being a small city he will be spotted by someone that we know.
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Old 10-14-2019, 07:01 PM
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Janus Janus is offline
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This guy will owe 15 years of child support. It is definitely worth taking it to trial to get an income imputed. Once that happens, you turn it over to FRO, and they will get the money... eventually.
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Old 10-14-2019, 07:32 PM
Codename Codename is offline
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You are absolutely correct since the child is only six right now there is at least 13 to 15 years to collect. Input income is the only way to go. He might continue working under the table but FRO will be able to suspend his licence take away passport. Even CCRA will be garnished. It's funny but just to give you an idea his car payments are 550 his truck 1500 and rent 2000 . This should give a pretty good idea on how much he earns . The first financial statement when he was in front of the judge at the case conference he wrote down that he grossed between 75,000 to 130,000 . The judge even asked him so which one is it. That is when the judge placed an order to disclose everything . Ie since 2015 to present
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Old 10-14-2019, 10:02 PM
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You can probably safely assume that he will not disclose. Start gathering your evidence for imputing income.
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Old 10-15-2019, 08:05 AM
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Okay, the lawyer has been given text and emails with request for child support, dental cost to share, extra curricular to share, his bank statement from the previous examination hearing. Searches on all his vehicles, photos, adds that he posts for help, adds that he posts for his job. Every text and every email with request for mediation . When they lived together in 2011 she found a tax return that they both did with his income this is before he quit his job in 2014 and borrowed money from her to start his own company. He made almost 50,000 in 2011. I forgot to mention something that maybe you can answer. They separated in the beginning of 2015 at that time he was self employed but within a month of separation he found a normal job with a very reputable company in ottawa. During the negotiations to have the agreement made for there child he neglected to tell her that he was also self employed. No child support was discussed at the time of the agreement because the income was the same. Now it was found that he continued working. He worked for this company for a year and a half. In the mid 2016 he quit his job. In a email my daughter asked him why did you quit your job. His reply was that he was not been compensated enough for what he was doing 80,0000. The lawyer does have this. Can we also go back since he did not disclose that he continue to run his self employment while working a full time job. It can probably be said in 2015 between his self employment and working he grossed well over 150,000. Let me know what you think.
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  #9  
Old 10-15-2019, 09:52 AM
Berner_Faith Berner_Faith is offline
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Heís not going to disclose income... just direct your lawyer to proceed with imputing income... if you have proof he stated or wrote down $100,000 as his income then go in asking that $150,000-$175,000 be imputed... if he fights this amount because he makes less then heíll have to disclose his financials... if he doesnít fight or disclose then itís possible he makes more but at least you have an amount to start getting CS from.

I am a little confused on whether heís working with a company or working with the company him and his wife started.

Just keep pushing through, youíll get there and once FRO takes his license heíll have a harder time working


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  #10  
Old 10-15-2019, 10:17 AM
Codename Codename is offline
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The answer to your question of being confused. He had his own company sole proprietor since 2014 then she found that he registered another company as partnership with his new wife in late 2017.
2013 Employed with company
2014 Open a sole proprietor working for himself
2015 Works for a huge company
2016 Mid of this year quits the company and continues working for himself
2017 Marries and start a partnership with new company
2018 Bought a very expensive truck $90,000 with his new company name all over it
2019 Around May found out that he started working for a company, try to garnish the company but they denied they ever heard of him, until photos were taken of him driving there company truck. (How stupid, Ottawa is so small)

The truck and the plow cost over 130,000 monthly payments on the truck are over 1500. On the notice of assessment that he handed the case conference judge showed he made under 15,000 and his wife under 10,000. That is when the judge tells him that the truck payments alone do not match the income reported to revenue Canada. I agree he will not disclose anything.
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