Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 07-10-2020, 08:53 AM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 863
iona6656 is on a distinguished road
Default 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?
Reply With Quote
  #2  
Old 07-10-2020, 09:01 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,455
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

No they wont.

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 doesnt want you to know.
Reply With Quote
  #3  
Old 07-10-2020, 09:04 AM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 863
iona6656 is on a distinguished road
Default

oh fun. more court.
Reply With Quote
  #4  
Old 07-10-2020, 09:39 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,455
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

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.
Reply With Quote
  #5  
Old 07-10-2020, 03:25 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 863
iona6656 is on a distinguished road
Default

Quote:
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.
Reply With Quote
  #6  
Old 07-10-2020, 03:44 PM
bestway21 bestway21 is offline
Junior Member
 
Join Date: Oct 2019
Posts: 22
bestway21 is on a distinguished road
Default

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
Reply With Quote
  #7  
Old 07-10-2020, 04:34 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 863
iona6656 is on a distinguished road
Default

Quote:
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.
Reply With Quote
  #8  
Old 07-10-2020, 07:14 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,455
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

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 dont want to deal with the bs and have a set order for support.
Reply With Quote
  #9  
Old 07-20-2020, 07:42 AM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 863
iona6656 is on a distinguished road
Default

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.
Reply With Quote
  #10  
Old 07-20-2020, 07:51 AM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,695
arabian will become famous soon enough
Default

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.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
update to the "she emptied the account"!! ddol1 Divorce & Family Law 7 11-14-2011 06:15 PM


All times are GMT -4. The time now is 09:22 AM.