Do I use total gross taxable income? Or straight up gross?
X's lawyer stated that my daughter does NOT need to contribute at all and that she has reached age of majority therefore I have no rights to see her marks. She stated that even if my daughter failed school that this would not terminate my support obligations.
In this case, the ex's lawyer is blatantly incorrect. IF the child is over the age of majority, AND no longer enrolled in full time post secondary, they no longer qualify as a child of the marriage, and your support obligation terminates.
“age of majority”, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age
“child of the marriage” means a child of two spouses or former spouses who, at the material time,
(a) is under the age of majority and who has not withdrawn from their charge, or
(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life;
“child of the marriage” means a child of two spouses or former spouses who, at the material time,
(a) is under the age of majority and who has not withdrawn from their charge, or
(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life;
The letter I received back was that I have no right to ask for these financials as the payor
You should also request HERS as well in return. She is also obligated to provide these to determine section 7 split.
The other financials, she is not obligated to provide, but you CAN seek an order to have them provided due to her income being less than full time min. wage and wanting to determine her "true income".
IF they push it to court, your response for requesting the financials is twofold:
As per the guidelines, "section 7" outlines the requirements as follows (important part in bold)
7. (1) In a child support order the court may, on either spouse’s request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation
and secondly...to determine your ex's true income/earning potential.
19. (1) The court may impute such amount of income to a spouse as it considers appropriate in the circumstances, which circumstances include the following:
(a) the spouse is intentionally under-employed or unemployed, other than where the under-employment or unemployment is required by the needs of a child of the marriage or any child under the age of majority or by the reasonable educational or health needs of the spouse;
(a) the spouse is intentionally under-employed or unemployed, other than where the under-employment or unemployment is required by the needs of a child of the marriage or any child under the age of majority or by the reasonable educational or health needs of the spouse;
(5) Nothing in this section precludes the making of rules by a competent authority, within the meaning of section 25 of the Act, respecting the disclosure of income information that is considered necessary for the purposes of the determination of an amount of a child support order.
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