Wow, so new updates on the latest round of BS. If anyone wants a case reference from NB that allows the non custodial parent to sit at home, allow the new spouse to support them, and be required to pay nothing in support until they decide to become employed, PM me.
We filed to have my ex imputed income equivalent to full time hours min wage. She's refused to work since the final order was signed, remarried and sits at home and lets her new hubby support her. She refuses to disclose her true income from prior to the final order.
We can't use her Notice of Assessments, since she doesn't report her income to CRA, since it gives the impression she's not employable that way. (she moved so much during that period of time that they'll never actually catch up with her unless she's audited).
She's been reassessed like 4 times in the last couple of years, including a recent one that shows she was working during the period after the final order was signed...the same period she was under order to report her income immediately and to begin paying support.
She won't voluntarily disclose her earnings from those prior periods, and the judge outright ignored the (multiple) requests in my various affidavits requesting that he order disclosure. I have numerous emails, as well as an affidavit SHE filed during the time in question that shows she was working.
AND my lawyer was able to get one of the places on HER affidavit to verbally confirm that she DID work for them during that period of time.
None of that mattered to the judge apparently...Luckily, or so I thought, I had a bunch of docs from her that her former landlord provided us from when she was evicted, that contained a paystub. 'Lo and Behold it wound up the damn thing was doctored. Naturally she jumped ALL over that one.
The big problem is the judge referenced it in his ruling, so I got nailed with solicitor-client costs and the judge ordered she didn't have to pay support until she became employed. Yep, that's right, the judge gave her carte blanche to sit on her ass, do nothing, and declare 0 income, as the EOW parent.
Now that goes against my understanding of the way the law works entirely. Anyone ever hear of something like this?
It's kind of a mixed blessing, since I absolutely hate the judge we have. He's FAR too lenient, ignores areas of law that to my understanding are pretty cut and dry, and has an obvious bias towards the mother. (Same guy I had originally, when it was ME being assigned support, it was at the first appearance, no ifs/ands/buts. When it's HER...we're about 6 months in to the CS motion and we had ONLY gotten an interim order in the last 30-40 days).
My lawyer got him to go on record that he found against my credibility. Which gives us grounds to have him removed from the case. (If he rules against my credibility, he can't continue to take evidence go forward from me.)
The ONLY other judge in the district right now is the hard ass...which I don't have an issue with, we had the hard ass for the final leg of things the last time, and he laid a whooping on the games my ex was playing pretty quickly. (Where the current guy entertains and encourages them).
Anyway, I expect to file a motion to have the judge removed early this week.
We filed to have my ex imputed income equivalent to full time hours min wage. She's refused to work since the final order was signed, remarried and sits at home and lets her new hubby support her. She refuses to disclose her true income from prior to the final order.
We can't use her Notice of Assessments, since she doesn't report her income to CRA, since it gives the impression she's not employable that way. (she moved so much during that period of time that they'll never actually catch up with her unless she's audited).
She's been reassessed like 4 times in the last couple of years, including a recent one that shows she was working during the period after the final order was signed...the same period she was under order to report her income immediately and to begin paying support.
She won't voluntarily disclose her earnings from those prior periods, and the judge outright ignored the (multiple) requests in my various affidavits requesting that he order disclosure. I have numerous emails, as well as an affidavit SHE filed during the time in question that shows she was working.
AND my lawyer was able to get one of the places on HER affidavit to verbally confirm that she DID work for them during that period of time.
None of that mattered to the judge apparently...Luckily, or so I thought, I had a bunch of docs from her that her former landlord provided us from when she was evicted, that contained a paystub. 'Lo and Behold it wound up the damn thing was doctored. Naturally she jumped ALL over that one.
The big problem is the judge referenced it in his ruling, so I got nailed with solicitor-client costs and the judge ordered she didn't have to pay support until she became employed. Yep, that's right, the judge gave her carte blanche to sit on her ass, do nothing, and declare 0 income, as the EOW parent.
Now that goes against my understanding of the way the law works entirely. Anyone ever hear of something like this?
It's kind of a mixed blessing, since I absolutely hate the judge we have. He's FAR too lenient, ignores areas of law that to my understanding are pretty cut and dry, and has an obvious bias towards the mother. (Same guy I had originally, when it was ME being assigned support, it was at the first appearance, no ifs/ands/buts. When it's HER...we're about 6 months in to the CS motion and we had ONLY gotten an interim order in the last 30-40 days).
My lawyer got him to go on record that he found against my credibility. Which gives us grounds to have him removed from the case. (If he rules against my credibility, he can't continue to take evidence go forward from me.)
The ONLY other judge in the district right now is the hard ass...which I don't have an issue with, we had the hard ass for the final leg of things the last time, and he laid a whooping on the games my ex was playing pretty quickly. (Where the current guy entertains and encourages them).
Anyway, I expect to file a motion to have the judge removed early this week.
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