Announcement

Collapse
No announcement yet.

Will FRO force payor to do taxes and update CS accordingly?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Will FRO force payor to do taxes and update CS accordingly?

    Shockingly the ex does not want to file his taxes. He sent me a text and told me his new line 150...which is 25% higher than when we signed our agreement in 2019 (he was still using his 2017 income-- I didn't fight for the 2018 Line 150 because cost v. benefit/ getting the agreement done)...anyways- he proactively sent me the new amount based on this.

    I told him not to do that- just send me his T1 and NOA- as is required by our agreement, and we can adjust after. I already sent mine.

    He said why? and that he doesn't feel he has to share his taxes, he feels his only obligation is to pay according to his income...also shockingly, I'm not sure I believe him.

    I told him to get me his return and NOA by the end of the month- or we can just re-register through FRO. Which actually just seems smart at this point- cause I'm tired of fighting about $$$.

    BUT - here's the question. Will FRO enforce his obligations in the Agreement/Final Order for him to update his taxes and then adjust his CS accordingly?

  • #2
    No they won’t.

    I think for that you would need to file a form 20 request for disclosure. Then go through the courts.

    FRO only enforces what is in the order so if his income goes up, you need a new order EVERY TIME to get them to enforce it. If he is paying now I say take it outside FRO and file for disclosure.

    He has probably made much more money and doesn’t want you to know.

    Comment


    • #3
      oh fun. more court.

      Comment


      • #4
        Yes but if he thinks he can get away with it early he will keep doing it. Having to pay your costs will remind him that it is a costly stand to take.

        I have a feeling your ex is trying to exert control again which means you need to stop him quickly.

        Comment


        • #5
          Originally posted by rockscan View Post
          Yes but if he thinks he can get away with it early he will keep doing it. Having to pay your costs will remind him that it is a costly stand to take.

          I have a feeling your ex is trying to exert control again which means you need to stop him quickly.
          Yeah- I confirmed your answer with FRO. Thanks for that.

          They will need a new order to enforce. Which means back to court. I'm giving him to the end of this month, then I will just start a new court proceeding. This idiot thinks I won't do it. He forgot I'm a litigation lawyer- I have no fear or avoidance of court. Esp. given that this will be a routine update...

          BUT- I'm not trying to be overly aggressive (yet)...so I've asked him to attend a session with our co-parent therapist. It is also mandated by our agreement, and he has so far rebuked my requests to go to keep a check-in on our parenting plan.

          Usually our PC can talk some sense into him on the financial stuff- in an effort to bring down the "let's go fight it out in court" vibe.

          Comment


          • #6
            I suggest trying to work it out together , the rest gets so messy , that being said rockstar is right he is trying to control to some aspect but there is always someone trying to control the situation I find , FRO complicates things and easier if you can agree at some point

            Comment


            • #7
              Originally posted by bestway21 View Post
              I suggest trying to work it out together , the rest gets so messy , that being said rockstar is right he is trying to control to some aspect but there is always someone trying to control the situation I find , FRO complicates things and easier if you can agree at some point
              I'm not sure how you think FRO complicates things? I mean- if I have to go back and do this every year to update the order- sure, I will. But otherwise- he pays FRO, FRO pays me.

              As to "work it out together"...well, that's harder in our case. My ex has a history of trying to engage me in arguments and trying to exert some kind of control. He loves to see if he can make me ask for stuff. This situation is the classic example. I've asked in writing, three times- then he texts me, then calls, etc etc...I told him- reply to my email or OFW message. He replied "See my texts for answers". lol. No, I do not want to engage in a text conversation with you. He called on the phone and told me I was making this SO much harder than it need be, etc etc etc...it's his M.O. So as to working it out? Nah. I am not married to him anymore. I don't need to work on it. The only thing I am willing to work on- and engage in dialogue on is the health and care of our daughter.

              Comment


              • #8
                FRO is complicated in that you need a new order to update every time. So you spend three months getting a new order this year and then have to do the same thing next year again. Same for the year after that and after that etc.

                It can be great though if you don’t want to deal with the bs and have a set order for support.

                Comment


                • #9
                  Update- he said he did his taxes and he'll be sending them shortly. After I asked if he would accept electronic service for my Request for Information.

                  Question- is it just your line 150 you use for the federal child support guidelines? Don't you use the worksheet from the DoJ Child Support Guidelines?

                  https://www.justice.gc.ca/eng/rp-pr/.../w1-f1.html#s1

                  math. blargh.

                  is it time to invest in divorcemate? ha.

                  Comment


                  • #10
                    Next step for people who can't get ex to provide financial is to go to court and get judge to impute income. Typically when this is done the judge will grossly over-estimate. It usually motivates the non-compliant to get their shit together and provide documentation asap as the Order could be for maintenance enforcement to calculate on higher, imputed income. Works like a charm.

                    Comment


                    • #11
                      No its just 150 unless he is self employed. The worksheets are too complicated. Based on my husband’s case (where his ex argued that she should know all his financial information including how much his bank accounts were worth to determine how much was reasonable for the kids to contribute for school) the judge kept saying line 150.

                      Comment


                      • #12
                        Originally posted by rockscan View Post
                        No its just 150 unless he is self employed. The worksheets are too complicated. Based on my husband’s case (where his ex argued that she should know all his financial information including how much his bank accounts were worth to determine how much was reasonable for the kids to contribute for school) the judge kept saying line 150.
                        Yeah- he has a pretty lucrative side hustle marking exams for CPA Canada- and uses this as a home business to write off a ton of expenses.

                        I get the line 150 for the s7 expenses...but as to calculation of child support. I dunno- I read through the worksheet, it seems pretty self-explanatory if you have completed your tax return.
                        Last edited by iona6656; 07-20-2020, 09:48 AM.

                        Comment


                        • #13
                          Originally posted by arabian View Post
                          Next step for people who can't get ex to provide financial is to go to court and get judge to impute income. Typically when this is done the judge will grossly over-estimate. It usually motivates the non-compliant to get their shit together and provide documentation asap as the Order could be for maintenance enforcement to calculate on higher, imputed income. Works like a charm.
                          it's like pulling effing teeth. he's an accountant for vishnu sake! all he has to do in this whole equation is do his taxes. that's it.

                          Comment


                          • #14
                            Originally posted by iona6656 View Post
                            Yeah- he has a pretty lucrative side hustle marking exams for CPA Canada- and uses this as a home business to write off a ton of expenses.

                            I get the line 150 for the s7 expenses...but as to calculation of child support. I dunno- I read through the worksheet, it seems pretty self-explanatory if you have completed your tax return.

                            Then he should be including that too. Kind of like someone having rental properties in addition to their income. If he claims it on his taxes then it is also income but is it worth the fight?

                            No line 150 is for the tables and you are getting full table correct? Divorcemate will use the tables.

                            Comment


                            • #15
                              Originally posted by rockscan View Post
                              Then he should be including that too. Kind of like someone having rental properties in addition to their income. If he claims it on his taxes then it is also income but is it worth the fight?

                              No line 150 is for the tables and you are getting full table correct? Divorcemate will use the tables.
                              He can average 10-20k a year in marking...so it does make a difference.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X