My ex is excluding his Veterans Affairs pension from his income. It is quite significant about 40k a year. Help!
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Not divulging a veterans affairs pension
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One cannot hide a pension. So bank statements would clearly show deposits. You have the right to ask for "Full Financial Disclosure" from your ex. That would include his bank account statements. If he does not provide full financial disclosure and you are certain he has this pension then take the matter to Court.
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A Judge can order the CRA to disclose his income tax returns to you/your Lawyer.
You can also request copies of his bank statements if you can prove that he is deliberately hiding his income.
Eventually, if you are going through court, the truth will come out... So hold tight, he can't hide it forever.
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VA Pensions
I know this is an old topic, but with me it is a current one. VA pensions are not usually income reported to CRA as they are almost like insurance payouts for personal damages. Our men and women in uniform, particularly the combat forces, are sent to places and sometimes mentally or physically wounded then discarded from the military. Often the VA income they receive (lump sum these days) not a salary or benefit of employment; it is an attempt to assist for injuries and therefore often is not subject to income tax or reportable to CRA.
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Kenny, I completely understand and have great pride for our forces, however the VA pension has specific funds for children that he is collecting without supporting his daughter. Everyone has an individual case. The VA pensions are in fact considered income for child support. Check out CanLii and don't make it about poor soldiers who sacrifice. I have the utmost respect for them, but much more for my daughter
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Is he already paying child support? Are your kids starving?
In my opinion, if he is already paying you then you can't really say that he isn't supporting his daughter.
Does he have any access? Somehow I doubt the VA pension is required by law to go in part to the children. But if that is the case, how do you know he isn't saving anything for their future? And surely, if he has visitation, he must spend some money on food/activities with the child(ren).
Unless he is a complete deadbeat. In that case, I would take the matter to court and milk him.
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THere are provisions made in the VA pension that you get extra dollars for each child you are supporting. He is a partial deadbeat. Has been paying less than half till this year when I took him back for a variance. Had NOTHING to do with the child till she was 9, then decided he wanted to see her, which i was happy to do. He then started visitation with her and last year remarried and again put her on the back burner. When I asked for a variance due he asked for a paternity test. the child is 18! Thats what she got for Christmas last year...a paternity test and nothing else. When it came back that he is the father he did not even bother to reconnect with her.
My child is not starving, but is supported by myself who is a social worker and my current husband who is a retired military person. We also pay above the guidelines and any special expenses no questions asked to his children in Quebec....so I find it difficult to see one veteran acting resposible with his children, ( that is why he is my husband) and another dodging every responsibility unless I take him to court.
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and currently am having to take him to court to contribute something to her university expenses as she will be going to school in Thunder Bay. BTW we are also foster parents and raise other peoples children so I am really not trying to be a victim and milk the other party. I just expect him to pay fairly and recognize the success of his daughter instead of trying to beat us all down any chance he gets.
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