Contempt for Failure to Submit Financials? Form 31?

3

380Ace

New member
Hi everyone:

I have been reading this forum for a bit - what a great resource and help.

My question is on Form 31 - Notice of Contempt. I've had a final custody order in place for 7 years. One of things my ex must do is submit his financial disclosure once per year. He never has. In the last few years, I have reason to believe his financial situation has changed considerably. For a while he was telling me he was getting everything ready to give to me but of course, it never came. I wrote a demand letter giving him 20 days to provide everything (3 years of tax returns, 7 years of business financials), sent it my regular mail and registered mail. On the deadline, he told me flat out that he's not going to give me any financial details.

Would a Form 31 (Notice of Contempt) apply here? I think yes, but there is not much information out there that I could find to support my next steps. I've been to the FLIC office, and she never mentioned it (although she seemed unsure and read from the book the whole time). She said to do a Motion to Change....(child support), but how would I know what to change it to? (The FLIC office visit was before my formal written request...)

In the meantime he has totally seized paying child support...although he is making good money.

Has anyone had any experience filing a Form 31? His blatant refusal makes me want to lay down the heavy here...

Any suggestions would be helpful. Thanks in advance!
 
380Ace said:
Has anyone had any experience filing a Form 31? His blatant refusal makes me want to lay down the heavy here...

Any suggestions would be helpful. Thanks in advance!
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1. You should retain a lawyer to assist you. If you are seeking an adjustment to child support only and disclosure has not been provided you can get your legal costs for doing this basic thing ordered and collection from the other party through FRO. Many lawyers will take this on because they know they will get paid.

2. Contempt is not for this purpose. You should read Rule 31 of the Family Law Rules:

31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).
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Child support is a payment order. You really should file the order or agreement with the Family Responsibility Office and get them to do the proper collections from the other parent. (Or hire a lawyer.)

Good Luck!
Tayken
 
Thanks Tayken.

Just to be clear: I'm only considering this for getting his financials as per the order. It may or may not move into changing support...not sure yet as I have no idea what I'm dealing with. I just simply want to get them and review.

Not sure if that changes anything...the order is filed with the FRO and they are doing what they can to collect.

Thanks for your help - will look into a lawyer.
 
The contempt is not for failure to pay, which would be a FRO issue, but rather a failure to provide financial information, which FRO is powerless to enforce.

That said, I don't think contempt is the way to go. Contempt motions are almost never successful in family law. Maybe a motion to impute income due to failure to provide financial information?
 
Tayken is right, speak to a lawyer asap. Also go on canlii and review the supreme court case against D.B.S. which set the precedent for sharing of financial information for cs updates. Your ex is so so SO wrong for not sharing financial info even after you request it and if he has had an increase in income, he will have to pay retroactive amounts. This is a pretty good slam dunk for release of financials and recalculation of cs. A lawyer will help you file the paperwork to get the financial info released and the recalculation.
 
Janus said:
That said, I don't think contempt is the way to go. Contempt motions are almost never successful in family law. Maybe a motion to impute income due to failure to provide financial information?
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^^^ this is the better approach. If you keep to just matters of child support in doing the above you can get all your costs ordered and collected through FRO. Contempt is very rarely ordered in Family Law. If it is, the remedies are so minor that it isn't worth the pain. Also, they can't ordered the costs to be collected through FRO generally. If you want to collect money FRO is the way to GO.
 
Check the Can Lii website. There was a case out of Oakville. The ex husband was failing to provide financial disclosure with the intent of hiding income and assets related to his RRSP (if I'm remembering correctly). The judge orders him held in contempt of court for this. I'll do a search tomorrow and update my post to try to help you. The case was recent and was also noted in The Hamilton Spectator newspaper.
 
Contempt applies but may not be the best remedy.

Speak to a lawyer, likely file a motion to change based on his new income, and he'll be obligated to file his financial material with his Answer.
 
Failure to submit financials con't

Failure to submit financials con't

I have full custody of two children wth a cs order in effect that's been adhered to. Mind you, unwillingly as FRO always has to take action. However my ex won't supply his notice of assessment as the order directs. When the order was put in place in 2010 he was not employed but agreed to pay child support. I later discovered he was staring a business. Since that court order I have never seen a NOA. I ask he says if I take him to court to get it I will get nothing. FRO has even requested payroll info but he's not on the payroll. So what I can deduce is is spouse owns the business that he runs. I was willing to let sleeping dogs lay but now he wants to reduce support rightfully so as my son has moved out. However he just expects to cut it in half without any proff of income. He said he's going to pay and when our daughter is done school he's taking me back to court to get back his overpayments. Based on saying he has no income? So my question is does he have a leg to stand on, should I just leave the order as is and let FRO keep collecting the full amount....help
 
^^
How much extra is it you are hoping to get from your ex? You mentioned he is not supplying you with his NOA, so what makes you think he is all of a sudden going to provide you with one now?

I'll say focus your energy on raising your two kids, and encourage them to have a relationship with their father, so they don't end up with daddy issues in the future.

His new partner is irrelevant to your case, so don't let that jealousy cloud your judgement. FRO can only enforce the order in front of them, you have to do all the leg work for the extra stuff you seek.
 
Mother of two said:
I have full custody of two children wth a cs order in effect that's been adhered to. Mind you, unwillingly as FRO always has to take action. However my ex won't supply his notice of assessment as the order directs. When the order was put in place in 2010 he was not employed but agreed to pay child support. I later discovered he was staring a business. Since that court order I have never seen a NOA. I ask he says if I take him to court to get it I will get nothing. FRO has even requested payroll info but he's not on the payroll. So what I can deduce is is spouse owns the business that he runs. I was willing to let sleeping dogs lay but now he wants to reduce support rightfully so as my son has moved out. However he just expects to cut it in half without any proff of income. He said he's going to pay and when our daughter is done school he's taking me back to court to get back his overpayments. Based on saying he has no income? So my question is does he have a leg to stand on, should I just leave the order as is and let FRO keep collecting the full amount....help
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I hope you have all this in writing and documented. There is a supreme court case (DBS) that outlines the failure to provide updated income for child support calculations. Your ex is walking a very fine line on not providing updated income, not doing so on request and using intimidation tactics to avoid disclosure/update. People on this forum will call you names and accuse you of alienating your kids but the bottom line is this--your ex has an obligation to update his cs when his income changes. He could very well be on the hook for money he owes you from failing to disclose. And he could owe you court costs. I would ask him again for updated noas and statements of earning from the company he works for. Should he refuse, make sure you have it all in writing so when he does decide to "take back his overpayments" he can get schooled in how this whole thing works.

Many many MANY people make the mistake that because they have an order for an amount to pay, they dont have to pay anything else. Unfortunately they are obligated to update their cs amounts with income changes. Most of the time you will find the individuals who want to hide behind this wrong argument are the ones who have had income increases and dont want to pay their new cs amounts. As far as im concerned, kids shouldnt be so keen to forgive a parent who refuses to pay for their living expenses. A payor should remember that cs is the right of the child and attempting to "punish" their ex with cs is really only hurting their kids.
 
How much extra

How much extra

Not looking for any extra and you seem to be mixing emotion with child support question. Just looking got the legal facts here. Raised my kids and encouraged them to have a relationship but that's not what I am talking about here. His new partner is relevant if he is hiding behind her and actually running the company and just not declaring an income. But thanks for taking the time to respond.


How much extra is it you are hoping to get from your ex? You mentioned he is not supplying you with his NOA, so what makes you think he is all of a sudden going to provide you with one now?

I'll say focus your energy on raising your two kids, and encourage them to have a relationship with their father, so they don't end up with daddy issues in the future.

His new partner is irrelevant to your case, so don't let that jealousy cloud your judgement. FRO can only enforce the order in front of them, you have to do all the leg work for the extra stuff you seek.[/QUOTE]
 
Thank you for your support and help! Its been so arduous to say the least.
Ex said he could not find work i had to pay 5000 in court costs. Right after he decides to offer an amount based on an amount he pulled out of thin air and the courts agreed. At that point out of money i said fine. I knew he was not looking for work as the list of people he applied to were know to me as suppliers from his last job. So I took to the internet. in Jan of 2010 he registered a domain name for his new business and in April 2010 I settled on the amount offered but could not prove what he was up to. Then I found the business open with his name on Manta as the President and CEO! Hired a PI and have proof of him working there. Sent to FRO and they sent a request for payroll deductions only to be told he does not work there! I have social media proof as well. Reviews you name it i have it! But I am confident he takes no salary, business is in his partners name and very difficult. If i do get his NOA it might not be any good to me as it will have a very min salary. Then it would be up to me to prove he is running the business. He says he has two children with serious ailments yet they don't look infermed nor ill enough to have a full time Dad staying at home to look after them.. Its a cluster F*** . So you can see how I am between a rock and a hard place. he would not contribute to my childrens extensive ortho bills(not cosmetic) nor University tuition nada! So I agreed to reduce the support provided he pay his % of the ortho bills and 1st years tuition. He would not and told me my employer paid the ortho bills and i was committing fraud! This is after I sent him the plans print out with what they paid and what i had to pay. I wish he would just be up front but my worry has always been take what he gives you because i am sure he has it worked out that if we go back to court I get screwed!
 
Wow.

If youve got proof of his role in the company from the web (find out to use it properly) and a private investigator report, you may be able to argue for an imputed income. The fact that he is advertising as ceo of the company but claiming he is at home with kids is disgraceful.

I would recommend you speak with a lawyer even for just an hour of advice.
 
Yup it is! I did see a lawyer she said just let FRO keep collecting the court order amount and it's up to him to file a notice to change, not you. If he does file get more recent PI report. I wish it was easier. I guess i could file a notice of change saying I agree to a change of support but cant agree on an amount as i dont have his NOA's. Then he submits his low income assessments and I end up paying back him! when i know full well hes hiding income. Just so frustrating!
 
You know "full well" or you are making assumptions? The lawyer is right in telling you to just let FRO keep collecting the amount you've be awarded.

Again, his new partner is not relevant to your case! It will be the same if he was paying you spousal support, and you were living with a sugar daddy...this will not excuse your ex from continuing to pay you SS if he argues against it based on your new boyfriend

Mother of two said:
Yup it is! I did see a lawyer she said just let FRO keep collecting the court order amount and it's up to him to file a notice to change, not you. If he does file get more recent PI report. I wish it was easier. I guess i could file a notice of change saying I agree to a change of support but cant agree on an amount as i dont have his NOA's. Then he submits his low income assessments and I end up paying back him! when i know full well hes hiding income. Just so frustrating!
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I don't want it to come across as me not being empathetic towards your situation, but you've hit the nail on the head in your last sentence below. Your ex is obvious playing in clever if indeed the company is his by using his new partner to run it.

Your ex sounds like a right tool, but it goes without saying that people should not have kids if they have no intentions of providing for them / expect others to help raise their kids. My comment here should not be misconstrued with that of the Judge "that told a young lady she should have kept her legs closed" :rolleyes:

Mother of two said:
Thank you for your support and help! Its been so arduous to say the least.
Ex said he could not find work i had to pay 5000 in court costs. Right after he decides to offer an amount based on an amount he pulled out of thin air and the courts agreed. At that point out of money i said fine. I knew he was not looking for work as the list of people he applied to were know to me as suppliers from his last job. So I took to the internet. in Jan of 2010 he registered a domain name for his new business and in April 2010 I settled on the amount offered but could not prove what he was up to. Then I found the business open with his name on Manta as the President and CEO! Hired a PI and have proof of him working there. Sent to FRO and they sent a request for payroll deductions only to be told he does not work there! I have social media proof as well. Reviews you name it i have it! But I am confident he takes no salary, business is in his partners name and very difficult. If i do get his NOA it might not be any good to me as it will have a very min salary. Then it would be up to me to prove he is running the business. He says he has two children with serious ailments yet they don't look infermed nor ill enough to have a full time Dad staying at home to look after them.. Its a cluster F*** . So you can see how I am between a rock and a hard place. he would not contribute to my childrens extensive ortho bills(not cosmetic) nor University tuition nada! So I agreed to reduce the support provided he pay his % of the ortho bills and 1st years tuition. He would not and told me my employer paid the ortho bills and i was committing fraud! This is after I sent him the plans print out with what they paid and what i had to pay. I wish he would just be up front but my worry has always been take what he gives you because i am sure he has it worked out that if we go back to court I get screwed!
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