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I am the CP, can I go after his new partners income?

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  • I am the CP, can I go after his new partners income?

    Can anyone give me a clue here???

    I don't want a freakin' penny of that womans money... I have never even met her or spoken to her.

    However, my EX seems to think that because my husband has been supporting his daughter for 8 years, that he shouldn't have to pay child support, AT ALL.

    And before you ask.... NO he isn't mentally incompetent!

    Where are the laws about bringing a spouses income into the equation?

    He makes $40,000+/yr and pays $125 mnth in CS.

    His common-law spouse is a RPN... so I am sure she makes pretty good $$$$. At least $20/hr.

    I just started working F/T after being a SAHM for 5 years, and will be making approx $34,000/yr.

    My husband worked a TON of O/T this year, and he has made approx. $95,000.

    When he cannot work O/T (when it is not available), his income is $68,000/yr.

    I disclosed all of these numbers in my Affidavit.

    So its not like my family has $$$$$$$ and his has $$.

    All he has asked for in his Case Conference Brief is full financial disclosure from my husband.

    IS there any case laws ANYWHERE that support his request?

    If he wants this information from my husband in order to compare household incomes..... then should I not get full financial disclosure from his common-law spouse.

    This is supposed to be between HIM and I..... but if he wants to drag my spouse into it..... then I will go after his.

    Any feedback????? Please!

  • #2
    to me if he is allowed to go after your husband then you should be able to go after his wife.

    Comment


    • #3
      You should ask what his reasons are for asking for your husband's income. Then you apply these same reasons to your request for his wife's income.

      That may seem "Duh" but a lot of law is like that, it kind of mathmatical and one side of the equation has to be the same as the other.

      He can't just arbitrarlily ask without giving a reason. The same reason we do applications and responses, we have to put our cards on the table so the other person can respond properly. If he is just "fishing" his request will be turned down. However you may have to make that argument yourself.

      Comment


      • #4
        For CS purposes, neither his nor your spouse's income is relevant. Nor is it relevant that your spouse has been supporting the child for 8 years. The bio dad has an obligation to pay CS. Based on a $40K income he should be paying more than $125. Look it up in the table.

        If the bio dad was pursuing a claim for undue hardship, then your spouse's income could be relevant, but those claims are very difficult to obtiain, and probably wouldn't succeed.

        Comment


        • #5
          If his CS should be $400 then he is making a decent wage. There is no reason I can think of that he should include your husband`s financials in any calculation. Since he has no other children, the only reason he could possibly claim undue hardship is if he has a medical problem where medication would not be covered. But I think you would have mentioned that already.

          Call him on it or ask for his wife`s financials.

          Comment


          • #6
            The only way you could get disclosure of his wife's financials, and he of your husband's financials would be if you asked for an evaluation of household living standards. With this evaluation, from what you write, I doubt a judge would rule either of your spouses to pay child support, but it may help a judge see that your living standards are similar, and that there is no reason for your ex to be paying a reduced amount of support (i.e. $100/month). If he's making $40,000/year, he should be paying $367 in child support monthly.

            Comment


            • #7
              His initial reply to my Motion was:

              "the child wants for nothing in her life, therefore I am asking the court see fit that I be released from paying child support, past, present and future".

              To which I responded:

              "the Respondents statement is preposterous and the Applicant continues to seek child support for said child, commensurate with the Respondents income, as reported in his 2008 Income Tax Return, and in accordance with the Federal Child Support Guidelines".

              In my original Motion, I requested an updated access order, the old one has standard E.O.W access. I asked for the new one to be written allowing for:

              "Reasonable access on an undefined basis, taking into account the schedule of the Applicant, Respondent and the Child".

              To which he replied:

              "The Respondent requests an order granting the Applicant exclusive access to the child".

              In my Case Conference Brief, I stated that I would consent to the Respondents request for no access at this time. (What the h*ll was I supposed to say???).

              In his Case Conference Brief he stated:

              "Respondent would like Applicant to release him from all further financial obligations and he will in turn sign off any and all rights to minor child".

              "Respondent requests full disclosure of all Mrs...... and Mr..... past 3 years tax assessments as well as full property valuation disclosure".

              "Respondent requests complete financial statements from Mr......., including all property and assets".

              In response to my request for a retroactive adjustment, he states:

              "Respondent doesn't agree with the request for retroactive child support in an increased amount. The support payments are through the Family Responsibility Office and the Applicant could have had an increase enforced at anytime over the last eight years".

              That last statement is actually funny... because he hid from me for YEARS and even to this day refuses to disclose ANY financial information. NOTHING.

              A guy he works with told me how much money he was making.....


              What do you guys think the Judge will say at the Case Conference????

              Comment


              • #8
                I think the judge will beat him. I'd LOVE to there for that!

                Comment


                • #9
                  I agree. He's a born loser, with a case like that.

                  I wouldn't sweat the wording of the custody, custody can be reopened at any time (unfortunately) so if he wants access later he can ask for it.

                  Comment


                  • #10
                    His request is ridiculous:

                    "The Respondent requests an order granting the Applicant exclusive access to the child".


                    If you are the custodial parent you don't have access, it is only the NCP that has access.

                    He actually thinks that if he doesn't see the child, he won't have to pay. He has serious problems to actually put this in print. I feel sorry for your child. One day he/she will know how little his/her father thought of him/her.

                    Comment


                    • #11
                      Well the Case Conference is tomorrow.....

                      In his brief he made up some completely unfounded lies.

                      Do I take the time to file an Affadavit in the court file, denying his allegations, for future reference, or do I just leave it alone and deal with it at the Conference. I think the Judge will se him for what he really is but, you never know right????

                      It's ridiculous really.... he wants an order against me for having any contact with him, written or other..which makes going to court difficult.

                      And he has accused me of "stalking" him, because I found out his address (Canada411.com), his email address (Facebook), where he was working (through a friend), his cell number (on Kijiji).

                      I don't think "Googling" someone is paramount to "stalking", he is the one who puts personal info on the Internet......and I think he looks like a total ass by saying I am a stalker...... but would the Judges' (present and future), want to see my response to said allegations?

                      Comment


                      • #12
                        deal with it at conference you are only delaying the beginning to the end for yourself. If there are children involved then you should get it over and done with and hope for a quick end for the children.....if there are children involved you NEED to know where he is whereas you are entitled to know where your children are when they are in his custody or if something were to happen you need to get in contact with them. Just comes down to common sense and a judge would see that also.

                        Comment


                        • #13
                          back to your original question of should you go after new spouse's income?? Why would you even consider that? This is getting to be very nasty.......you are opening a can of worms that really is not cool at all........what does he/she have to do with supporting YOUR child???? That has got to be one of the worst things I have ever read ont his forum. If you remarried and were the one paying support do you think that would fair to you?? Think of this in reality......bottom line you are looking for the almighty buck.

                          Comment


                          • #14
                            If your ex is purposefully underemployed, or unemployed, they can look at the household income instead. In my opinion, these are really the only two reasons one should have to consider a new gf/bf's income. or so it is my understanding anyway.

                            Comment


                            • #15
                              Originally posted by littleman View Post
                              back to your original question of should you go after new spouse's income?? Why would you even consider that? This is getting to be very nasty.......you are opening a can of worms that really is not cool at all........what does he/she have to do with supporting YOUR child???? That has got to be one of the worst things I have ever read ont his forum. If you remarried and were the one paying support do you think that would fair to you?? Think of this in reality......bottom line you are looking for the almighty buck.
                              OMG.....AGAIN, I wish people would READ the THREADS BEFORE THEY RESPOND.

                              The guy is trying to get an ORDER from the court, forcing MY NEW HUSBAND to disclose HIS PERSONAL income/property value.

                              My ex is claiming that my husband makes more money than he does, so he shouldn't have to pay child support....at all.....EVER.

                              He hasn't seen our child in 8 YEARS.

                              HE is asking the court to grant him an order releasing him from his parental rights.... because HE DOESN'T WANT ACCESS to our child.

                              Even though SHE has asked to see him.....

                              MY current HUSBAND has been supporting her for the past 8 years....

                              The question I asked was.... if he is demanding financial discloure of MY HUSBAND'S INCOME.... can I ask for disclosure from HIS SPOUSE?

                              So what is the "worst part" about this...?????

                              The fact that my childs father wants nothing to do with her?

                              The fact that my ex is claiming that my new husband should have to support HIS child?

                              The fact that my ex is trying to barter my daughter away for $$$$$.

                              Tell me L.M.....

                              WHAT is so wrong with asking for the $$$$$ my daughter is entitled to???

                              You are 100% CORRECT....

                              THIS IS ABOUT THE ALMIGHTY BUCK.... AND I AM GOING TO GET HER EVERY SINGLE CENT!!

                              Comment

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