Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 09-12-2012, 04:52 PM
sahibjee sahibjee is offline
Senior Member
 
Join Date: Oct 2011
Posts: 523
sahibjee is on a distinguished road
Default FRO Motion and Costs + Final Order (imputed income) vs Actual income

Alright folks, dig in.

1- FRO is overcalculating the arrears by about 100%. the stbx provided them with the amounts (*which are about $500 less than what i actually paid but i don't think i can recover those from her i.e. i paid via joint bank account & some cash)

I have decided to agree with those amounts.

FRO's "Statement of Arrears" Schedule "A" clearly shows that the ex has informed them of the amount i am agreeing to.

However they have doubled that amount on "outstanding arrears" and sent a letter to my employer to start deducting 50% of the arrears.

I spoke with the idiot who calls him self the "enforcement officer" who did see the "schedule A" and did see the amounts but refused to correct it stating "the calculations from finance department are always correct" as you may already be aware there is no way to speak to some one at the finance department.

how do i fix this? do i need to bring a motion against FRO? would it be a separate application or the same application as in the family case?
most importantly; if the motion is successful can costs be ordered against FRO? i.e. they fix the arrears and then pay them because of costs lol (i know i am living in fantasyland, dont beat me)

2- whats the best and fastest way to freeze the arrears? i can not even live with the pay i receive after the deductions and have been borrowing money just to live.

3- I had employment income (~70500) and investment losses last year (22k), when i got thrown out of my place my ex kept my personal computer which had all records of my business transactions, due to which i couldn't file taxes and as a result the court imputed me income of 60k and ordered to pay CS & SS based on that. court also ordered me to provide my T4 to the ex, which i did, it was almost ~$70500.

before i provided the T4 ex asked that the order of CS be final on the imputed income, i agreed, judge endorsed it.

now on an access motion the ex's lawyer raised this issue and wanted another $100 in CS, I immediately objected on following grounds

1- The motion was not about this matter
2- The order on CS was final.
3- The T4 does not take into account the investment losses which would bring down income to about 47K or so.
4- I received a 23% paycut this year which would amount to material change in circumstances (would it? i just threw it out, no one objected)

the judge simply refused to talk about that issue on an access motion, but the real question is

what can she do to screw me now since its a final order.

Last edited by sahibjee; 09-12-2012 at 04:53 PM. Reason: grr typos
  #2  
Old 09-12-2012, 08:43 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,210
arabian will become famous soon enough
Default

When I had problems with our local MEP I did up a spreadsheet and a covering letter and faxed it in. I was able to make an appointment to go in and review it with them (in Alberta we can do this). If you can't go in person make sure you submit something that is very, very simple to follow.

If it's just a matter of the finance department making the error then that shouldn't be difficult to fix. Insofar as the motions etc. you have to keep in mind that the people that work in these places aren't lawyers.

Keep things simple.
  #3  
Old 09-12-2012, 10:28 PM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

Nothing is ever truly FINAL in Family Court. Most everything can be re-visited, re-opened.

Interesting: not saying it wasn't the case for your situation, but my ex used that exact same story re: the computer and all the info and records. In our matter, he was totally lying but funny - to see that identical scenario come up ^

Last edited by hadenough; 09-12-2012 at 10:30 PM.
  #4  
Old 09-12-2012, 10:46 PM
sahibjee sahibjee is offline
Senior Member
 
Join Date: Oct 2011
Posts: 523
sahibjee is on a distinguished road
Default

Quote:
Originally Posted by hadenough View Post
Nothing is ever truly FINAL in Family Court. Most everything can be re-visited, re-opened.

Interesting: not saying it wasn't the case for your situation, but my ex used that exact same story re: the computer and all the info and records. In our matter, he was totally lying but funny - to see that identical scenario come up ^
lol may be you should have returned his computer, i think its quite petty to keep some one's personal belongings. its my computer, she has never had access to it. i am a geek, every geek has their pet machine that they build with love. other than trying to pain you ex i see no reason why one would keep something like that. plus it contained all my childhood pictures, she knew i'd be pissed ... she won.
plus because i couldnt file taxes, i am missing out on a good 10-12 k in refunds as per my very rough calculations.
  #5  
Old 09-12-2012, 10:50 PM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

Well I did give the asshat all the files etc and he completely made up one story after the next, including the "she kept my computer" story.

I agree, it is petty and these items ought to have been given to you.
  #6  
Old 09-12-2012, 11:22 PM
DadinLaw DadinLaw is offline
Junior Member
 
Join Date: Jul 2012
Posts: 23
DadinLaw is on a distinguished road
Default

I'm not sure what documentation you have to support your claims? But from my own experience, you better have everything tabbed, explained and get advised by JP on the process and your chances of success.
  #7  
Old 09-13-2012, 08:21 AM
sahibjee sahibjee is offline
Senior Member
 
Join Date: Oct 2011
Posts: 523
sahibjee is on a distinguished road
Default

Quote:
Originally Posted by DadinLaw View Post
I'm not sure what documentation you have to support your claims? But from my own experience, you better have everything tabbed, explained and get advised by JP on the process and your chances of success.
I have cheques that she cashed. would that work?
  #8  
Old 09-13-2012, 02:12 PM
DadinLaw DadinLaw is offline
Junior Member
 
Join Date: Jul 2012
Posts: 23
DadinLaw is on a distinguished road
Default

I'm just a little confused, did you file you taxes for the last three years? What is your total income on line 150? Fro will be using a CS payment amount based by this number, calculated based on the Child Support Guidelines. Unless you come up with a justified reason as to why it should be a lower amount, it will be a hard route. I was going to write more but honestly your situation is more complicated than it sounds.
  #9  
Old 09-13-2012, 02:25 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,210
arabian will become famous soon enough
Default

sounds like you're pretty good at keeping "dirt" on your ex but conveniently can't file taxes due to loss of information..... pretty lame.

You can always file a tax return and when you get additional information you file an adjusting tax return.

Playing the victim doesn't cut it. My ex did that and it didn't work for him either.
  #10  
Old 09-13-2012, 02:51 PM
sahibjee sahibjee is offline
Senior Member
 
Join Date: Oct 2011
Posts: 523
sahibjee is on a distinguished road
Default

Quote:
Originally Posted by DadinLaw View Post
I'm just a little confused, did you file you taxes for the last three years? What is your total income on line 150? Fro will be using a CS payment amount based by this number, calculated based on the Child Support Guidelines. Unless you come up with a justified reason as to why it should be a lower amount, it will be a hard route. I was going to write more but honestly your situation is more complicated than it sounds.
I filed taxes for all years except this year, FRO dosnt have to determine the amounts of child support as the amounts are already determined by the judge based on an imputed income of $60,000.

I showed the letter from FRO to the accountant in the HR department of our office, he punched in all the numbers and told me that I am 100% right in stating that they are charging ~$2200 more than what i owe them. the only issue is how to fix it since they already acknowledge in their own calculations that I dont owe them that amount yet insist that I must pay it.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 03:46 PM
Still trying to get a child support order fedupp Financial Issues 3 03-17-2009 10:16 AM
Email from my Lawyer - ???? serrona Divorce & Family Law 4 11-24-2006 11:58 AM
aftermath littleman Divorce & Family Law 1 09-27-2006 09:43 PM
Rule 25: ORDER Grace Divorce & Family Law 2 04-24-2006 06:55 PM


All times are GMT -4. The time now is 12:41 AM.