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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 04-02-2009, 09:21 AM
Yamaha_gurl Yamaha_gurl is offline
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Default Child Support Questions

Hey all,

I have some questions, first off I'll give you a bit of information:

-I am the payors girlfriend, in case anyone is wondering.
-Payor pays child support based on the chart(1 child) according to previous 3 years ($550 per month).
-Payor also pays roughly $200 in arrears
-Payor pays $300 in day care expenses.

The payor quit his job in September of 08 due to not being paid enough (working per job as a mechanic), and was awarded Unemployment Insurance.

As of October 08 payor filed a motion to change child support payments asking the courts to reduce table amount, daycare expenses and arrears since he was only receiving EI.

The first court date went by where the receipient did not have anything. The judge gave her an extention. She has now handed a finanical statment, but no income tax documents and has sworn that a pay stub is attached, it is not.

In the Response to motion to change the recipient is stating daycare was subsidized in October of 2008 and agrees with $50 a month.

We have witnessed that the receipient has a man living at her house for about 4 months now, possbily a boyfriend. She stated on her financial statement that she lives alone.

Questions:

1) Is there anything the payor can do since the recipient lied about living alone? (financially?)

2) Can the payor ask for a copy of documents as to when the date of the day care was subsidized? If it was before October 08, the what action should the payor make?

3)The payor is living on his own and is truly in financial hardship. After receiving the response to motion change, what actions can be taken? What needs to be filed? The court date is on Monday, today is Thursday.

Thanks all.


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Old 04-02-2009, 10:07 AM
AtALoss AtALoss is offline
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1) Is there anything the payor can do since the recipient lied about living alone? (financially?)

2) Can the payor ask for a copy of documents as to when the date of the day care was subsidized? If it was before October 08, the what action should the payor make?

You would need proof that she was with this person at that time. Now a partners income is not really looked at when it comes to child support or shouldnt be. It is the other parents responsibility to support thier child. What they are looking at is the payors ability to pay when they are looking at amounts, first thing. Yes they will look at the overall picture though. As they appear to not have been together long they may not ask this new partner to take responsibility yet. On that one you are up to the whim of the judge.

Now as for the daycare subsidy they are supposed to be looking at her overall household income. She could loose it if the facts are told. As she has agreed to reducing the amount she is asking you for you need to weigh is it worth pushing at this point. Will they still be together in say a years time. I do know that subsidies are supposed to be reviewed at least once a year maybe that might be the time. Just seems that there are other more pressing issues to settle first.
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Old 04-02-2009, 12:38 PM
Suchislife Suchislife is offline
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The payor needs to pay CS based on earnings. If a figure is not agreed upon then the Government tables are used. Whether there is a boyfriend in the home has nothing to do with it. Forget about that.
Keep in mind that Judges don't look favourably upon payors that seem to be underemployed and can set payments as they deem appropriate.
For daycare and other sec. 7 expenses, receipts need to be shown. Do not agree to any dollar amount towards daycare without seeing proof of cost. Demand to see precise documentation then make an offer for the share of the costs. If a dollar amount is not agreed upon then the Judge will set a percentage that each party must pay based on earnings.
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Old 04-03-2009, 06:48 AM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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He can indeed ask to have disclosure on the date when child care became subsidized and request any overpayment due to a lack of disclosure be credited.
CS is based only on his income and has nothing to do with the fact that she may be living CL.
I also agree that he may not look favourably with the courts for having quit a job under because he felt he was not being paid according to his abilities. As true as this may be, even though he won the claim and is not receiving EI, that does not change the fact that he is intentionally unemployed. When a person intentionally quits a job the courts will not reduce CS other wise there would be a huge influx of paying parents quitting or taking lower paying jobs intentionally.

I feel that the only grounds he has is to have documents disclosed and possibly a credit for any overpayment due to a lack there of, but be prepared for a judge to feel that he is not entitled to a credit given the intentional unemployment issue.
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Old 04-06-2009, 11:14 AM
Yamaha_gurl Yamaha_gurl is offline
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Thanks for the help. He did get unemployment income. Now he has started his own business, and well it's not doing so good. He had his court date today and they gave him form 15/a change of information.
He just today did his taxes for 2008. What would the table amount be based on then? He currently isn't making anything near what he did in 2008.
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Old 04-06-2009, 11:48 AM
AtALoss AtALoss is offline
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His income that he draws from the business. If he is not incorporated they will look at his income being all of what the business is/has.
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Old 04-06-2009, 11:55 AM
Yamaha_gurl Yamaha_gurl is offline
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Quote:
Originally Posted by AtALoss View Post
His income that he draws from the business. If he is not incorporated they will look at his income being all of what the business is/has.
His business is vehicle repairs, out of his home garage. He has a business number.And has only made about $1000 in the past 4 months.
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Old 04-06-2009, 09:59 PM
AtALoss AtALoss is offline
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Sounds like when he set up the business that he did not form it as a corporation, so therefore they would look at that total amount. He would also be able to claim expenses against that.They will look therefore at what he is claiming to Revenue Canada as income.
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Old 04-07-2009, 06:28 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Yamaha_gurl View Post
His business is vehicle repairs, out of his home garage. He has a business number.And has only made about $1000 in the past 4 months.

Considering he quit a job because he did not think he was getting paid enough and now makes less money then before, why should he get a break? I am sorry but he knew how much money he had to pay for things and it sounds like he started his "business" without giving much thought about how he was going to make ends meet? Why should his kids suffer?

If a woman/man who was a CP quit their job and was trying to get more CS or SS then some people on this board would be screaming bloody murder. Why should it be any different for a NCP?

I lived with a guy who was a mechanic and was also paid by the job. No work equalled no pay. He sent out resumes etc and got a job where he was paid $1.00 less an hour but he was paid hourly. In the end he made more money. Maybe before your boyfriend quit he should have had either anothe job or a viable business idea.

As for her having a guy living with her, why should he support her kids? They are not his responsibility. As for the daycare if it is getting subsidised then he should get a break on that.
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