Annual disclosure

Status
Not open for further replies.
S

singlemom

New member
Please advise me on following if any of you is familier with it.

My final order re child support does not have disclosure clause (obtained at the end of 2010)

"For as long as child support is to be paid, the payor and recipient, if applicable must provide updated income disclosure to the other party each year, within 30 days of the anniversary of this order, in accordance with section 24.1 of the Child Support Guidelines. ",

However, it was on stamped temporay child support order that was obtained in mid of 2010.


NOW
I came to know that as of March 1, 2010, it is mandatory. SEE below quote:

"
The Ontario Child Support Guidelines require parties to child support orders or agreements to exchange support information annually . Serious financial consequences may arise for those who fail to comply.

Effective March 1, 2010 all support orders in Ontario require annual updating of income. Specifically all orders contain the following cause:
For as long as child support is to be paid, the payor and recipient, if applicable must provide updated income disclosure to the other party each year, within 30 days of the anniversary of this order, in accordance with section 24.1 of the Child Support Guidelines.

Section 24.1 of the Child Support Guidelines specify that the tax return for the most recent year, including any materials included in the return such as T4 slips and the Notice of Assessment or Reassessment from CRA MUST be supplied to the other party each year. There is no doubt that payors who do not comply with this requirement will be liable for retroactive child support based on annual income increases."

Ref for the above quote: Child Support Arrears Variation: Motion to Change Child Support // Solution to Your Support Payment and Family Responsibility Office (FRO) Problems<

My question is
1. Are we supposed to provide annual disclosure to each other as per above ontario guidelines, even if clause not stamped on my final order from court?.

Just want to stay on top as I never missed mine until the final settlement, BUT never receive any??? BTW I am recipient.

2. Do I have right to ask payor to provide me disclosure as per above guidelines?

Thanks
 
Yes, you should provide him with your annual income information. And yes, you have a right to ask him for the same. The act specifies that both parents are required to disclose income yearly. The act is the law, so you are not breaking any rules by asking for his income disclosure. Do it in writing. If you communicate by email, write him an email. That way, you have proof that you asked for it and he didn't comply. Whether or not you get his income disclosure, always give him your annual income disclosure. This shows good faith on your part.
 
Thank you so much! I will do that. I communicate only via email. Most of the time my emails are being ignored. Really sick and tired of such behaviour.

Thanks again! Much appreciated.
 
Child Support

Child Support

Hey Folks,

As of Dec 331, 2011 Child Support guidelines change in Canada. For Ontario the guidelines have increased the amount of support based upon the same criterion as usual.
You make more you pay more. Most people would not know this so I thought I should post. I am tired of my ex taking advantage of my good nature and not pressuring him on being in full compliance with Our divorce settlement to which he also signed and agreed to.

So now I will enforce it all.
Check the Province of Ontario site and it will lead you. The increase is acceptable as the cost of living sure has gone up so it costs more to care for a child. Mine does not pay anything other than support but that too shall change in the next couple of month. Enough is enough.:)
 
You say the "increase is acceptable" since "the costs for caring for a child has increased". So, even though HE makes no more money than before, due to inflation (which I don't disagree with) he has to pay more.

Tell me, do you really think only YOUR costs have increased ? I wasn't aware that child support payors are EXEMPT from inflation. You realize of course that EVERYONE"S cost has increased right ?

How is that fair ? Due to inflation we ALL have higher costs but ONLY YOU get more money (which means he gets even less). I'm sure if you had your way the poor bastard would give you every penny he makes !

Of course, EVERY PENNY you get from CS goes to the child right ? You NEVER spend any of that money on yourself ?
 
Her claim that inflation is the key factor is not entirely correct. There are a bunch of factors. In some provinces, rates went down. Check out NS. I suspect it's due to the higher income tax rate in NS and the subsequent lower net income.
 
Does anyone really disclose their financials after all the issues have been dealt with and a court order is in place? I have been divorced for 11 years from my first ex and we have never exchanged our financials. He pays his support on a regular basis (were not with FRO) and life goes on. To get the support changed if you are with FRO would require a new court order and going to court costs money if you can't get legal aid. I'm just happy he pays. Why rock the boat.
 
Fair enough, but you are in a situation whereby the NCP plays nicely. If the NCP was not paying, and telling you that s/he had no money, you'd likely be looking for income disclosure. Otherwise, life would go on with no financial support from the NCP.
 
michlyn said:
Does anyone really disclose their financials after all the issues have been dealt with and a court order is in place? I have been divorced for 11 years from my first ex and we have never exchanged our financials. He pays his support on a regular basis (were not with FRO) and life goes on. To get the support changed if you are with FRO would require a new court order and going to court costs money if you can't get legal aid. I'm just happy he pays. Why rock the boat.
Click to expand...

Sounds good but if his income has increased, isn't he at risk that you take him to court and get retro payments based on that?

You may say you are satisfied with what he has paid, but it's best not to trust your ex (meaning you in this case). Mine would change her mind and go after me if she figured out she could get more even if she had said nothing about it over the years or said that she would not - she can't be trusted to stick to her word.

So best to change payments yearly based on incomes.
 
take a look at the Support Information Exchange ( Home // Solution to Your Support Payment and Family Responsibility Office (FRO) Problems ) it has been recently recognized within the Ministry of the Attorney General as a useful tool for separated parents to evidence disclosure compliance. It is being introduced to the Family Law Information Centers and the on-site mediators in all 47 court locations across Ontario and has been circulated to the judiciary. There is no 1st year fee for the 1st parent to sign up
 
" If you communicate by email, write him an email. That way, you have proof that you asked for it and he didn't comply."

Where would the proof be? I've sent more than one person an e-mail and they never received them (and they weren't money-related).
 
I'm in the middle of an argument right now about financials disclosure. I have always given my "Notice of Assessment" and never the T4. Is this part of the new info for the Dec 31/11 changes?
 
In most cases the NOA is all that you would need. If the other parent disagrees with the NOA, then you may have to provide the T4's/etc to provide proof of income.

Where everyone involved is acting like adults, this should be fairly cut and dry. Exchange NOA's each year. Plug the info into the calculator to figure out what the new amounts are. Start paying new amounts. Rinse and repeat.

If everyone would just stop the vindictive juvenile BS, FRO wouldn't NEED to exist.

However, like many on this forum are aware, it doesn't always work that way. Where significant sums of money are involved, people don't act rationally. Tell a CS recipient they are all of a sudden getting a couple hundred LESS a month, and they flip their shit.

@Motorhead: if you need to provide proof of receipt...use Microsoft OUTLOOK if possible. There is a section for "request delivery receipt" that can be enabled (depending on the email environment you are in) so you can at least confirm it was delivered.

If the other party ignores you, then you revert to R3 letter. (registered, receipt required) as a followup.
 
Thank you NB! I thought so.
I've been a NCP for 10yrs now and it doesn't get any easier when money is involved. I just wish his character assassinations would stop!!
I just have to hang in for a few more years :rolleyes:

One more question NB, I have requested his NOA for many years and have never received one. I know it isn't really relevant to child support but I'm within my rights to request it right?
 
Section 7 expenses are dependant on each parent's income. Both parents, even in a CP/NCP situation, have a right to annual disclosure.
 
Yep, usually 30 days from the date of request, it has to be provided.
No NOA = no payment of section 7. (BANK the money for it though in case the other party tries and haul you to court)

Send the request via email, wait 30 days. Then send the request R3 letter...wait 10-20 days. Then file motion with the courts, and ask for both the NOA to be disclosed, and for costs.

Rinse and repeat each year.
 
Motorhead168 said:
" If you communicate by email, write him an email. That way, you have proof that you asked for it and he didn't comply."

Where would the proof be? I've sent more than one person an e-mail and they never received them (and they weren't money-related).
Click to expand...

Fair enough; however, having some print outs of sent email is better than just stating that you verbally asked.
 
Status
Not open for further replies.
Back
Top