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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-22-2009, 03:35 PM
representingself representingself is offline
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Default Retroactive Child Support?? Help

I requested financial disclosure from my ex last year.
He refuses to tell me where he lives, phone #...etc
I found him on Facebook

I have finally filed a Motion to Change. I am asking for retro support backdated to my original date of request for financial disclosure.

He pays $125/month now, I've haven't asked for an increase or disclosure in 12 years. He should be paying nearly $400/month, I think??

Is there any case law I can recite to support my claim?

He hasn't seen our child in years, and I am doing this for a savings account for her... so any help/advise would be appreciated.
  #2  
Old 08-22-2009, 05:28 PM
Divorce in ON $1B A Year Divorce in ON $1B A Year is offline
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Default Disclosure in Mandatory

Under the Rules disclosure from both parents is mandatory and can be requested once a year. If the ex does not provide disclosure willingly file a motion to obtain disclosure as part of your motion to change a final order. It is basically a list of what you need to assess income. You should be prepared to provide the same. The court will enter an order for disclosure within a set period of time (30 - 90 days).

If disclosure is not provided court will assess income based on what it is presented - previous tax records, job description, etc - and go on the high side. An order will be entered per the guidelines on the basis of the assessed income. At the end of the day withholding disclosure is not a good idea - for the payor.

On the matter of retro, the court will most likely only go back three years from the date you made a request for additional support or disclosure. You are responsible for explaining why you did not take action sooner if you are trying to go back further than three years and proving you made requests - do not expect to get more than three years retro.

I went through both of these issues as a payor representing myself after wasting a pile of money on a lawyer. Remember in family court the receiptent is in the driver seat. There is really not much for you to do but file the paperwork and wait for the judgment.

A good resource for case law is CanLII - Canadian Legal Information Institute
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Old 09-24-2009, 02:48 PM
representingself representingself is offline
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Ok, so I went on workopolis and searched for an average income for an individual with his job responsibilities.

I calculated the difference between the amount he is currently paying, and the approx. amount for what he should be paying.

This leaves fairly substantial arrears.

I have asked the court for a retroactive adjustment from three years prior to my written request for disclosure.

There are tons of case laws that award three years retro if the payor has deliberately evaded the CP and refused disclosure.

I have never sought an increase because I didn't know how to find him.

So I think the chances of the adjustment are pretty good??? What do you think???

Now, that being said, this guy doesn't have much in the way of assets...... so I am almost 100% positive that there is NO WAY that he can realistically pay this money.

However, he really has no grounds for claiming undue hardship either.

I have tried to negotiate, but he just ignores me.

Any suggestions???
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Old 09-26-2009, 03:30 PM
representingself representingself is offline
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Someone out there must have been through something like this before, and at least be able to offer a suggestion on how I handle this???

I have aksed for 4 years retroactive support, but only as a starting point for the negotiations... I am not trying to financially cripple the guy.

It seems like this should be pretty straightforward... but I need to know the angles.

If he fights this, and refuses to negotiate, will it go all the way to trial?

Any input is appreciated.
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Old 09-30-2009, 11:01 AM
representingself representingself is offline
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Update:

So I finally talked with a Lawyer yesterday, and he told me that my claim for retro was excellent, and should have no problem acertaining the full amount

DIO1AY - you were correct, standard procedure is 3 years from the date of disclosure request.

Thank you
  #6  
Old 10-02-2009, 11:08 AM
Divorce in ON $1B A Year Divorce in ON $1B A Year is offline
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Default Careful with the Lawyer

Sounds like you have everything in hand.
Please be careful with the lawyer. They tend to talk about best case scenarios before retainer and then "manage expectations" after the budget is gone.

My EX filed for retro, without ever discussing it, after I lost my job through no fault of my own. The lawyer kept trying to get imputation of income, which you will probably need, at an inappropriate level. In the end the lawyer got well over $20,000 from EX plus $7,500 from me that I now pay through FRO monthly(I call it lawyer support since I do not pay child support anymore - AOM child). EX got $4000 in retro and a big lawyer bill.

Lawyer's are in business for themseleves and family law is easy money.
Make the lawyer set a budget and hold them to it. Ask for client references.

All I'm suggesting that you remain objective, leave the door open to discuss the issue with EX (do not let the lawyer get in the way), and be reasonable about what you can accutually get vs what it is going to cost.
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Old 10-02-2009, 01:59 PM
Stargate Stargate is offline
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Quote:
Originally Posted by Divorce in ON $1B A Year View Post
........
Please be careful with the lawyer. They tend to talk about best case scenarios before retainer and then "manage expectations" after the budget is gone.

..........
Yep, they will give you the glossy version at first in the hopes you will retain them.
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