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Form 20 : Request For Information

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  • Form 20 : Request For Information

    2 ppl self repping ... My brother has been in court for 10 mos now to simply try to get the non custodial mother ordered to pay CS & prop. share of University for eldest child (other child still in high school)

    They have had 2 Case Conferences, 2 Settlememt Conferemces and 1 TMC ... NEXT ONE SET FOR November ... He has provided full disclosure (IMO) ... He's an employee (not self employed) ... Has provided 3 yrs worth of full tax disclosure (full tax filings, NOA's, T4.s plus numerous current years paystubs).

    He got served by his ex today with FOUR Form 20's ... One is for him to again provide the past 3 yrs info above (which he will do) ... The other three Form 20''s were instructing him to provide the following on his daughter (age 18), his son (age 17) and his current wife

    1) last 3 yrs tax filings
    2) last 3 yrs NOA's
    3) current paystub
    4) bank account info (bank name, account no., and balances as of Dec 31 2011, 2012, 2013

    He's willing to provide all info regarding the kids EXCEPT for their bank account info as especially the daughter said "WTF" and has huge "control" issues with mom ... He's currently in a parental battle with daughter cause he's under stress due to all this court crap.

    He's NOT willing to subject his wife (as of Oct 2013) be subjected to having information prior to their marriage questioned nor to do I blame him ...

    What is reasonable disclosure ???

    BACKGROUND INFO:

    The kids have lived with him full time since Jan 2012 , he had to start legal proceedings in April 2012) to get mom to agree to sign off on him NOT having to pay CS any longer & for mom to pay CS. THEY signed an agreement on consent for mom to pay only $250/mo in CS for 2012 caause all this was new and they agreed on that amount (table amt. was $701/mo) for the 2012 yr as the kids were still wishy washey of resisidence .

    PER THE SIGNED AGREEMENT ... Once 2013 rolled around and the anniversary date for CS adjustment rolled around my brother asked for her current salary as amended agreement (& law) states that CS shall be adjusted each year (up or down). Took over 3 months for,disclosure and then refusal to pay table amount or pay her share of Univ.

    TIA

  • #2
    I understand undue hardship looks at the income of everyone in the house. But how can a party to a case be ordered to provide the financial documents of someone else? I mean, I would tell my husband to piss in the wind if he asked me for these....

    Comment


    • #3
      I agree Serene ...

      There is no undue hardship claim being made by mom (she just doesn't want to pay table CS)

      He plans on providing her with HIS info (minus bank statements) and the kids NOA's for their part time jobs but that's it. If she wants more then she will need to get a order from a judge.

      I just wanted to make sure this wasn't normal and something routinely provided.

      Comment


      • #4
        Originally posted by DunnMom View Post
        I agree Serene ...

        There is no undue hardship claim being made by mom (she just doesn't want to pay table CS)
        Remember a Form 20 is a general request form. You can ask for all sorts of things on a Form 20. Using the form can dress up the nonsense but, it doesn't automagically make the request for information "official and required".

        What it provides is a way of demonstrating that the disclosure request was made so that when it is again requested at a conference and/or motion to be ordered you can seek costs.

        Also, if there is no undue hardship claim being made then you can ignore the request for information for the new spouse. What you shouldn't ignore is the information regarding the "child of the marriage" whom is over 18 and attending post secondary education. The general rule of thumb is that the costs of this special and extraordinary expense is split equally between both parents and the child attending school.

        1/3 Parent A
        1/3 Parent B
        1/3 Child of the Marriage
        ===============
        Whole cost of schooling

        CS still needs to be paid to the resident parent but, I would be very cautious on this one as a "child of the marriage" who is going to school out of town, has their own apartment and not residing with either parent. I have seen some success by lawyers who have been successful in significantly reducing CS as a result of the "child of the marriage" not residing with either parent. In one case the parents were ordered to pay the child the support directly.

        Good Luck!
        Tayken

        Comment


        • #5
          Originally posted by Tayken View Post
          The general rule of thumb is that the costs of this special and extraordinary expense is split equally between both parents and the child attending school.

          1/3 Parent A
          1/3 Parent B
          1/3 Child of the Marriage
          ===============
          Whole cost of schooling

          CS still needs to be paid to the resident parent but, I would be very cautious on this one as a "child of the marriage" who is going to school out of town, has their own apartment and not residing with either parent. I have seen some success by lawyers who have been successful in significantly reducing CS as a result of the "child of the marriage" not residing with either parent. In one case the parents were ordered to pay the child the support directly.

          Good Luck!
          Tayken
          Thanks Tayken. That is what my brother is asking for. Daughter is paying 1/3 and the balance to be split prop. to income (55% my brother, 45% his ex).

          My understanding that post secondary costs are tuition, books, residence (if applicable), transportation. She is refusing to pay residence for daughter OR child support. My brother is ok with no CS for daughter as long as mom pays her share of residence OR don't pay residence but pay CS.

          Comment

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