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  Ottawa Divorce .com Forums > Main Category > Parenting Issues

Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 01-24-2019, 11:14 AM
Misst Misst is offline
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My ex as been living in the same province as me for the past 3 years. He pays CS for our kid based on his income from 2012, his income as doubled and I requested his financial statements. He hasn't had his taxes done in 8 years and I took it to court to get them., now he his threatening me and our kid (16 years old and shes stressed with the idea) with going for joint custody to avoid paying more CS...its only now hes doing this since it's going through the courts...He didn't even both with joint custody 3 years ago and I know hes only doing this to try and get out of paying CS.
Anyone with input on this??
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Old 01-24-2019, 11:28 AM
rockscan rockscan is offline
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Let him try. Your kid is 16 and has had the same situation for a specific period. Plus they are old enough to have a say.

He is still obligated to provide income disclosure and using a custody threat makes him look worse.

You can simply respond that under the child support guidelines he is responsible for providing up to date income disclosure and refusing to do so is blameworthy conduct. That he is more than welcome to seek a change to custody but it does not change what he has owed before and what he currently owes going forward. If you want, use “child support is the right of our child”.

He has refused to do his taxes and provide you with full disclosure. A judge will not only see through his custody demand but also slap him for not disclosing his income.
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Old 01-24-2019, 11:34 AM
Asphenaz Asphenaz is offline
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So your options are lengthy court battle to get more CS, putting him in arrears for the unpaid amount based on the last 8 years of un-assessed. Not to mention the legal bills.

If he hasn't filed in the last 8 years, how do you know his income doubled? When did you take it to court (important questions)?

It might be good to have someone calculate how much you would spend vs how much you stand to gain? Best to see where you stand, that way you are in a better position to make an offer that might be acceptable.

In simple terms, if you spend 20K$ and stand to only make 5-6K$, why not make him an offer of 6K$? You can even use the fact that FRO is a nightmare to deal with.
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Old 01-24-2019, 11:40 AM
rockscan rockscan is offline
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Quote:
Originally Posted by Asphenaz View Post
So your options are lengthy court battle to get more CS, putting him in arrears for the unpaid amount based on the last 8 years of un-assessed. Not to mention the legal bills.

If he hasn't filed in the last 8 years, how do you know his income doubled? When did you take it to court (important questions)?

It might be good to have someone calculate how much you would spend vs how much you stand to gain? Best to see where you stand, that way you are in a better position to make an offer that might be acceptable.

In simple terms, if you spend 20K$ and stand to only make 5-6K$, why not make him an offer of 6K$? You can even use the fact that FRO is a nightmare to deal with.


This is horrible advice. This case is pretty simple based on the decision to request custody AFTER the request for disclosure and his blameworthy conduct. Added to that, his refusal to disclose opens him up to a costs award which leaves your comment about costs to fight it moot.

Get to your first case conference and gauge what the judge says. You can agree to an increase in parenting time but it is up to the child. CS would change anyway in a couple of years when their post secondary plans are known but none of that changes that he has refused to disclose his income.
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Old 01-24-2019, 07:25 PM
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You may also want to mention that his request for joint is in response to your request for updated financials and appears to be solely financially motivated. The judge would likely come to that conclusion on their own, however it doesn't hurt to be direct about it.
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Old 01-28-2019, 10:29 AM
Asphenaz Asphenaz is offline
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I apologize if I gave wrong advice.

My, not legal, advice was to talk to someone and find out the numbers, and other pitfalls. Then decide if it's worth it.

Over 8 years, there are many factors that would affect the amounts. In my situation, my lawyer showed that even if my income doubled my CS would only increase by less than 50$ a month.

While OP may get costs and arrears, getting them paid may take a very long time. From my understanding those get enforced by FRO. While they can garnish CS payments, arrears and costs use VAPS.

Again, I'm sorry if my post was misleading.
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