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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
12-08-2006, 02:35 PM
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Financial Disclosure Question
Situation:
I have two kids in a shared parenting regime - 50/50 custody and access. Agreement for CS calls for financial disclosure by end May each year and adjustment of CS July 1st each year based on actual income. I provided full disclosure including Notice of Assessment and recent pay stub with earnings to date. X only provided the tax return she filed for 2005 and refused to give anything else. My lawyer asked again for full disclosure in June (she hasn't fulfilled that legal requirement for this year yet) and other side refused. We threatened court and now disclosure is forthcoming next week. Over the last three years, we applied the direct offset method to CS calculations - she only made a very little bit of $$ I expect that her earnings to date will be significanty larger now. Question: What should the new CS be based on? Her earnings to Jan-May 06 then extrapolated to a yearly income or Her earnings to date? Should it be retroactive to Jul 1? Will I need to provide my earnings to date to make the calculation? My gut feel is "no" because I already fulfilled my yearly disclosure obligation. Any opinions would be appreciated. |
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#2
12-08-2006, 08:28 PM
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Impute of Income
By refusing to file her financial statement your ex would give the Judge reasonable cause to impute income, in accordance with the Federal Child Support Guidelines Section 19(1)(f)
The spouse has failed to provide income information when under legal obligation to do so; There is a lengthy amount of information of imputing income on thread Hearing for Child Support Next Week Logicalvelocity was very helpful in pointing us in the right direction and we gained child support successfully from the unemployed ex-spouse, by imputing income! Make sure you are prepared for any "net income" amounts that you feel would fit her present wages. |
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#3
12-09-2006, 12:44 AM
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That's good information. Thanks.
However, I expect that I will get disclosure. My question then becomes: "What do I do next?" My situation has never see tne courts - although - I would certainly go there if it became necessary. Thanks. Other replies very welcome... |
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