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| Financial Issues This forum is for discussing any of the financial issues involved in your divorce. |
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#11
07-02-2021, 09:33 AM
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Doesn't the law state that the tax returns AND the NOA be provided?
It doesn't say part of the NOA. It says the NOA. 
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#12
07-14-2021, 11:42 AM
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http://www.justice.gc.ca/eng/rp-pr/f.../w1-f1.html#s1
this is a link on how to manually calculate income for Child Support. Lawyers rely on DivorseMate but many lawyers neglect to include lines/inputs from the NOA and fail to include the proper deductions and additions. if you have dividend income, employment expenses, carrying charges, etc, all needs to be added/subtracted from Line 150 to accurately calculate Income for Child Support purposes. So you line 150, may not be your true income.
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#13
08-13-2021, 05:54 PM
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Can I ask, what is the basis for the annual exchange of info? I understand there's a duty to disclose if there's a material change, but I am unaware of an annual exchange of info. I ask because I have been after my ex- for updated financial info, I sent her a request under section 25(3) that she ignored. I guess my only option to take her to court to force disclosure. But I wonder what I'm missing re annual exchange.
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#14
08-13-2021, 06:32 PM
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Quote:
To determine if there is any change in shares for s7 if she is the recipient. Or if she pays you, to see if there should be an update.
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#15
08-13-2021, 06:35 PM
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Right but what's the legal basis for the obligation to do it? Like, is there a section of law somewhere that says it has to be done, or should it say it in the agreement/order?
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#16
08-13-2021, 09:17 PM
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It’s in the child support guidelines. Your next step would be to file a form 20 request for disclosure. If the refuse that, you file a motion for disclosure then a judge can order them to disclose their income.
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#17
08-13-2021, 09:37 PM
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Thank you! One last question if I may as I don't see it when I google Form 20 - under 25(3) Child Support Guidelines, which is what I used as the basis to ask her for info, there's a requirement that the requestor provide three years of info with the request. I don't see the same requirement for Form 20 - is there any such requirement for filing the form?
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#18
08-14-2021, 10:16 AM
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Form 20 is a request for disclosure. What you ask for falls in line with the guidelines. Which means that you ask for three years of disclosure in accordance with the guidelines. It’s not wither or. The guidelines say they are obligated to provide annual disclosure and it can be requested three years back. If the person refuses to provide it, you file a form 20 requesting the disclosure. If they still refuse to provide it, you file a motion for disclosure using the form 20 and under the child support guidelines.
Clear?
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