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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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  #1  
Old 01-21-2021, 06:00 PM
JCOakville JCOakville is offline
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Default Child Support/Imputing/Arrears

Good Afternoon Everyone!

I have a case conference next week (Im the Applicant and Unrepresented) - and I swear, Respondent's lawyer is an idiot or is intentionally trying to get endorsements to walk in her briefs due to the sheer size of things.

I do have a question, we are just at the CC level for 2019, 2018, and 2017 - thats how long this has been delayed due to covid and everything. The Respondents lawyer, is now asking for my 2020 information... ?? when we are in court for 19, 18 and 17. I dont have to share that do I?

It quite funny, they served me with a 44 page document, the court will only accept 10 and today 4pm is the deadline, they served me at 3:57 and now the court, which I contacted, said they will NOT accept the 44 pages, so now they will be filing late.

On the inside I'm laughing, truly. They didnt file their Answer and Financial til August when it was due in March - and they had to get an endorsement, which the judge wasn't impressed with. Now, this with the case brief... I am thankful, as some of the information he is going after now, I have, so I know what to expect down the line.. but seriously? How can a lawyer not be aware of restrictions for filing?

Anyways, my question is do I have to disclose 2020, when its not applicable to the case currently?

THanks
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  #2  
Old 01-21-2021, 10:29 PM
JCOakville JCOakville is offline
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Well yep. Courthouse denied the first filing, which was after 4pm.

They served me again at 5:17 which means, they have now filed late with the courthouse.

They served me with a consent to file late at 9pm tonight.... they are worried their second attempt will not be accepted either.

Thoughts? Opinions?
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  #3  
Old 01-21-2021, 10:41 PM
rockscan rockscan is offline
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If you have the info just give it to them. It will go a long way for the judge looking at you.

As for the late filing, do you want to continue the delays or get it over with?


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Old 01-22-2021, 12:17 AM
StillPaying StillPaying is offline
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Quote:
Originally Posted by JCOakville View Post
do I have to disclose 2020, when its not applicable to the case currently?
If there is ongoing support or s7, then yes. If you're in court and dealing with child support and imputation, how is it not applicable?

Quote:
They served me with a consent to file late at 9pm tonight.... they are worried their second attempt will not be accepted either.
It's common, just consent. This is for a cc brief which will be looked at for 10 minutes and thrown away forever. Whether they file or not, there's really no difference.
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Old 01-27-2021, 01:17 PM
JCOakville JCOakville is offline
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SO, our case conference has been rescheduled due to complexity? I have a feeling the judge only scheduled an hour and will need more.....

Quick question, and opinions are defininately welcomed!

Is an Income assessment really worth it in the long run? Does it have to be completed by a Business Valuator, or can a CPA complete one?

Thoughts?


GO!
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Old 01-27-2021, 02:47 PM
Kinso Kinso is offline
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An income valuation depends on the complexity of your situation. If you are self-employed or run businesses, it may be appropriate. If you are a T4 employee, probably not.
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Old 01-27-2021, 02:49 PM
JCOakville JCOakville is offline
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Im not the one self employed, that is the respondent in the case, i am considering getting one done, now that my case has been delayed until march 29. Just wanted peoples opinions about it, have people used one, was it successful? is the cost worth the pay out in the long run.. I know it depends and varies greatly, I'm more looking for ....

I used one, it helped.. or didn't help. Cost was over $5000.... that type of information.
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Old 01-27-2021, 02:51 PM
Kinso Kinso is offline
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I use them routinely and they're very useful if imputing income to the other person is important in the case.
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Old 02-02-2021, 11:13 AM
tilt tilt is offline
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Kinso, can you give more information on income imputation? What professionals do you use and what guides your decision-making in choosing to pursue income valuation.
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Old 02-02-2021, 11:53 AM
Kinso Kinso is offline
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CBV (chartered business valuators) are the standard professional for income imputation.

I will retain one when the matter is of sufficient complexity to warrant it. There isn't a hard and fast rule on this, but factors that would lean towards it include:
  • Self-Employment or Independent Contractor Arrangements
  • Privately Controlled Corporations
  • Lifestyle that is inconsistent with reported income
  • Significant retained earnings in a corporation
  • Multiple properties
  • Evidence that the money spent on the CBV is proportionate
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