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

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  #1  
Old 05-06-2021, 12:06 PM
Busch Busch is offline
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Default Confirmation to a few questions

Hi All!!
Back again after 5 years! As much as I want to say I have missed you all.....I can't do it with a straight face. However, I do look forward to your comments, advise and criticisms.

Brief overview:
-Married almost 7 years. 2 beautiful children.
-Separated in Sept 2010.
-Divorced in Ontario in Dec 2012.
-Ex moved to USA Jan 2013.
-Ex takes us back to court 2015 to reduce child support amounts by almost $350 and to change agreed upon meeting location for child exchange. Judge ruled a reduction of $3.00 in support based on an imputed income due to lack of proper financial disclosure and no change to meeting location since it was Ex's choice to move. Ex ordered to disclose yearly financials on anniversary date of order.
-FRO to enforce CS but it proves to be challenging as EX claims he is self-employed, so I am at his mercy as to when support is sent. Wage garnishment is not an option with self employment. Payments are always late and arrears have accrued over time. (Currently only about 3K in arrears)

Over the last 4 years I haven't bothered to ask the EX for income tax returns because it is always a struggle, turning into a fight, and stress and headaches. My thought was can't get blood from a stone. Over the years I have seen my Ex purchase a new home, 2 new vehicles and have all the bells and whistles to show off. I think, good for him, his business must be thriving! Over the last little while (ok years) I have come to notice that the children are costing more and more money. As their bodies and bellies grow, so do their needs. I figure now might be a good time to see if I can reach out to the ex for some assistance. I send an email with my NOA for 2020. I simply say, "please see attached. After going through files I notice that we have not exchanged financials. See attached for all mine. Please advise when I can expect to receive yours." Short, sweet, to the point. I wait 2 weeks. No reply. I re-send saying, haven't heard from you regarding email below. Re-sending incase you didn't receive. Please advise. 2 days later I receive W2 for 3 years. I thank him and ask for an ETA of the final 2 years. I wait 2 weeks. No reply. I re-send, again stating "haven't heard from you regarding email below. Re-sending incase you didn't receive. Please advise." 2 days after that I get the last 2 year W2's. I review them. It is apparent that he is no longer "self-employed" and it seems that income has drastically increased from 19K to 49K USD! I take a few days to breathe, calm myself, send the information to FRO so that wage garnishment can begin and then I begin composing a new email to the EX. I take time to research and ensure that I am not asking for anything that isn't justified, unreasonable or unlawful. I ask that we file a Consent Motion to Change for Child Support, reflecting an increase in support based on his income increase and CSG using his USD converted to CAD using the annual average exchange rate for 2020. After 6 back and forth emails where ex tried to finagle less than guideline amounts, he refuses. I advised that I was only asking for the increase to be in effect from Jan 1, 2021 on and not asking for retro from 2017 because we were both negligent in not providing to each other what the courts had asked. I think I was being quite reasonable and rational. After back and forth 6 times and with the Hard NO! to my request, I now want to start the MTC on my own.

So....here I am with questions. I have tried to search the site, but with so many posts and so much information I have become overwhelmed and my brain is spinning!! So I ask here. Please help!

1. What is the proper calculation used to convert USD to CAD for CSG?

2. Am I wrong to not ask for Retoactive support? Could a judge issue it regardless of my request? I don't want to see my ex broken financially....up a creek with no paddle maybe....but I'm not that mean....or Am I?

3. With Covid-19 and border closures, what would be the proper way to serve the documentation? I called our local courts and they told me to email the forms to him. I was under the impression that Form 15 requires "Special Service". Can I use a courier such as UPS or Fed EX next day service?

4. Am I correct when I state that CS is based on Gross pay? Ex tried to state that bonus and overtime are not applied to income for CSG. I told him he was incorrect.

I am sure there are, or will be, more questions, but for now these are the ones that I am looking for answers/confirmation to.
Thanks, in advance, for the help!!
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  #2  
Old 05-06-2021, 12:26 PM
rockscan rockscan is offline
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Welcome back, too bad its under these circumstances!

I will give my two cents on your questions.

Quote:
Originally Posted by Busch View Post
2. Am I wrong to not ask for Retoactive support? Could a judge issue it regardless of my request? I don't want to see my ex broken financially....up a creek with no paddle maybe....but I'm not that mean....or Am I?
No youre not up a creek. You can ask for three years. Sure you should have asked each year but he is more negligent as he knew his income changed and he hid it. Ask for it in your filings especially since it went up significantly.

Quote:
3. With Covid-19 and border closures, what would be the proper way to serve the documentation? I called our local courts and they told me to email the forms to him. I was under the impression that Form 15 requires "Special Service". Can I use a courier such as UPS or Fed EX next day service?
Right now with the Ontario courts its email service. You can double send by couriering it but email is allowed right now.

Quote:
4. Am I correct when I state that CS is based on Gross pay? Ex tried to state that bonus and overtime are not applied to income for CSG. I told him he was incorrect.
Yes it is gross pay. He can argue his bonuses and/or overtime are one off things but if he has earned a similar amount each of the last three years then he cant argue it. Example, my husband had his company RRSP transferred to his personal one when he was let go. He never saw that money even though it was listed as income on Line 150. He was able to subtract that from his income for cs purposes.
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  #3  
Old 05-06-2021, 10:18 PM
Kinso Kinso is offline
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Quote:
You can ask for three years.
Actually, with the existing Order and the recent Michel v. Graydon, 2020 SCC 24 case, you can probably ask for an adjustment back to the most recent final order.
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