Child Support/Imputing/Arrears

J

JCOakville

New member
Good Afternoon Everyone!

I have a case conference next week (Im the Applicant and Unrepresented) - and I swear, Respondent's lawyer is an idiot or is intentionally trying to get endorsements to walk in her briefs due to the sheer size of things.

I do have a question, we are just at the CC level for 2019, 2018, and 2017 - thats how long this has been delayed due to covid and everything. The Respondents lawyer, is now asking for my 2020 information... ?? when we are in court for 19, 18 and 17. I dont have to share that do I?

It quite funny, they served me with a 44 page document, the court will only accept 10 and today 4pm is the deadline, they served me at 3:57 and now the court, which I contacted, said they will NOT accept the 44 pages, so now they will be filing late.

On the inside I'm laughing, truly. They didnt file their Answer and Financial til August when it was due in March - and they had to get an endorsement, which the judge wasn't impressed with. Now, this with the case brief... I am thankful, as some of the information he is going after now, I have, so I know what to expect down the line.. but seriously? How can a lawyer not be aware of restrictions for filing?

Anyways, my question is do I have to disclose 2020, when its not applicable to the case currently?

THanks
 
Well yep. Courthouse denied the first filing, which was after 4pm.

They served me again at 5:17 which means, they have now filed late with the courthouse.

They served me with a consent to file late at 9pm tonight.... they are worried their second attempt will not be accepted either.

Thoughts? Opinions?
 
If you have the info just give it to them. It will go a long way for the judge looking at you.

As for the late filing, do you want to continue the delays or get it over with?


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JCOakville said:
do I have to disclose 2020, when its not applicable to the case currently?
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If there is ongoing support or s7, then yes. If you're in court and dealing with child support and imputation, how is it not applicable?

They served me with a consent to file late at 9pm tonight.... they are worried their second attempt will not be accepted either.
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It's common, just consent. This is for a cc brief which will be looked at for 10 minutes and thrown away forever. Whether they file or not, there's really no difference.
 
SO, our case conference has been rescheduled due to complexity? I have a feeling the judge only scheduled an hour and will need more.....

Quick question, and opinions are defininately welcomed!

Is an Income assessment really worth it in the long run? Does it have to be completed by a Business Valuator, or can a CPA complete one?

Thoughts?


GO!
 
An income valuation depends on the complexity of your situation. If you are self-employed or run businesses, it may be appropriate. If you are a T4 employee, probably not.
 
Im not the one self employed, that is the respondent in the case, i am considering getting one done, now that my case has been delayed until march 29. Just wanted peoples opinions about it, have people used one, was it successful? is the cost worth the pay out in the long run.. I know it depends and varies greatly, I'm more looking for ....

I used one, it helped.. or didn't help. Cost was over $5000.... that type of information.
 
I use them routinely and they're very useful if imputing income to the other person is important in the case.
 
Kinso, can you give more information on income imputation? What professionals do you use and what guides your decision-making in choosing to pursue income valuation.
 
CBV (chartered business valuators) are the standard professional for income imputation.

I will retain one when the matter is of sufficient complexity to warrant it. There isn't a hard and fast rule on this, but factors that would lean towards it include:

  • Self-Employment or Independent Contractor Arrangements
  • Privately Controlled Corporations
  • Lifestyle that is inconsistent with reported income
  • Significant retained earnings in a corporation
  • Multiple properties
  • Evidence that the money spent on the CBV is proportionate
 
Should also take a read through this case as well as the original case: https://www.canlii.org/en/on/onca/d...rlHash=AAAAAQAHRHJ5Z2FsYQAAAAAB&resultIndex=1

My husband’s ex argued she was entitled to all of our financial info as she claimed he was purposely unemployed. The judge referenced this case and said it was the marker for proving underemployment. Also that the onus was on the party claiming underemployment to demonstrate the other party is purposely underemployed.


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question: Is imputing income a given if the parent doesn't work, has a masters degree, speaks 4 languages, both kids are in school and has a previous job for 18 months at 60k in 2018 and 2019 but claims they can't find employment in the past 21 months? Is there consideration for depression, "looking," for a job... etc. Thank you!
 
arbortrail22 said:
question: Is imputing income a given if the parent doesn't work, has a masters degree, speaks 4 languages, both kids are in school and has a previous job for 18 months at 60k in 2018 and 2019 but claims they can't find employment in the past 21 months? Is there consideration for depression, "looking," for a job... etc. Thank you!
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The onus is on the party seeking to have an income imputed to prove the person is purposely underemployed or unemployed. That party would have to show job postings, employment options etc. and request proof the person has been making a reasonable effort to look for work. If the other party has medical documentation outlining why they have been unable to work the first party would have a hard time proving they are doing it on purpose.

Depression is difficult because you are basically claiming they are faking.


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arbortrail22 said:
question: Is imputing income a given if the parent doesn't work, has a masters degree, speaks 4 languages, both kids are in school and has a previous job for 18 months at 60k in 2018 and 2019 but claims they can't find employment in the past 21 months? Is there consideration for depression, "looking," for a job... etc. Thank you!
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The first step will be easy for you, proving unemployment. They are not working.

Then ex will have to prove why they can't work. They'll show evidence of efforts to find work as well as any medical evidence. You'll have to argue against that. It sounds like you'll have no problem imputing income, especially if "depression" was post-separation when they should have already been working.

If successful, the last part is on you to prove what they should be making based on everything you've mentioned.
 
The respondent in my case openly admits in his answer that he is not paying himself his worth, that we need to wait until he is more successful then he will pay himself more then he could make being employed elsewhere.....

Yep, clearly stated in his filed Answer.
 
Unfortunately, that doesn't really mean much. Who is paid their worth. Focus on what they make, what they could make, and whether a reasonable amount of time to become successful has been provided.


JCOakville said:
SO, our case conference has been rescheduled due to complexity? I have a feeling the judge only scheduled an hour and will need more.....
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I doubt complexity was the issue. Your cc will be about 20 minutes, if that. Even motions are well under an hour.
 
StillPaying said:
Unfortunately, that doesn't really mean much. Who is paid their worth.
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StillPaying said:
The first step will be easy for you, proving unemployment. They are not working.

Then ex will have to prove why they can't work. They'll show evidence of efforts to find work as well as any medical evidence. You'll have to argue against that. It sounds like you'll have no problem imputing income, especially if "depression" was post-separation when they should have already been working.

If successful, the last part is on you to prove what they should be making based on everything you've mentioned.
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If an ex hasn't provided medical reasons for not working as a justification leading into mediation, then could they bring this up later in court? At the same time showing a few applications on Indeed, monster, etc. Is is okay for one parent just not to work?
 
Start with the premise that every parent must support their kids.

Unemployment is easier as there are always jobs available, even if they feel it's beneath them. Underemployed is a little tougher as it shows they're trying but maybe not to their fullest potential.

They can bring medical notes and applications up to trial, but that's most likely not enough and can be turn around to use against them.
 
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