Financial disclosure and Child support

rockscan said:
Just hand over the disclosure. The more you worry about it the more money you waste.


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Can someone explain to me the consequence of me not asking for the middle/high range of spousal support right off the bat? My lawyer told me it would be difficult for me to raise a retroactive spousal and child support claim 4 years later down the road since I haven't' raised the issue in the past. If I am still entitled to those support amounts why would it make a difference if I got it now or later on as a retroactive claim? My lawyer also spoke with my ex's lawyer today and it seems like they are going to be arguing I will not be entitled to spousal support increase in my ex's income since separation. It seems like he is doing very well for himself during a pandemic.
 
trueblue22 said:
Can someone explain to me the consequence of me not asking for the middle/high range of spousal support right off the bat? My lawyer told me it would be difficult for me to raise a retroactive spousal and child support claim 4 years later down the road since I haven't' raised the issue in the past. If I am still entitled to those support amounts why would it make a difference if I got it now or later on as a retroactive claim?
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Spousal support and child support are two different things. CS is based on income and custody time and is set at a specific amount. Which means if he wasn’t paying the proper amount of child support in those five years you can request arrears based on the tables.

Spousal support involves entitlement and you should have had an order for it made immediately to have it set. Your lawyer is right that it will be difficult to demonstrate your entitlement four years later as you technically “agreed” to the amount he was paying in that time. You can’t suddenly say “oh wait I think I deserve more.”

My lawyer also spoke with my ex's lawyer today and it seems like they are going to be arguing I will not be entitled to spousal support increase in my ex's income since separation. It seems like he is doing very well for himself during a pandemic.
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As they should. You accepted the amounts he was paying for four years and would have continued to accept it if he hadn’t demanded the house be sold. Plus you quit a good paying job to open your own business that you do not draw a salary from. He should outline that you are perfectly fine with what he paid as you made the boneheaded decision to sit on it and then quit your job. If the roles were reversed would you want to fork over thousands per month to your ex? More than likely no.

There are a lot of jobs that have done well in the pandemic including many high income earners. He should not be penalized because he makes smart financial decisions and you don’t.


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Rockscan is absolutely correct but I wanted to add...

Spousal support has three ranges, low, medium and high. If it was determined or agreed upon that you’d only receive the low end, getting that changed, especially retro is super tough... especially since you now want more money since you quit a job... honestly I can’t believe how long you keep arguing this. You’re going to lose and you could end up paying your ex’s court costs.

Please answer this simple question...

If your ex quit his well paying job, would you be okay with child support and spousal support being drastically reduced?


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rockscan said:
Spousal support and child support are two different things. CS is based on income and custody time and is set at a specific amount. Which means if he wasn�t paying the proper amount of child support in those five years you can request arrears based on the tables.

Spousal support involves entitlement and you should have had an order for it made immediately to have it set. Your lawyer is right that it will be difficult to demonstrate your entitlement four years later as you technically �agreed� to the amount he was paying in that time. You can�t suddenly say �oh wait I think I deserve more.�



As they should. You accepted the amounts he was paying for four years and would have continued to accept it if he hadn�t demanded the house be sold. Plus you quit a good paying job to open your own business that you do not draw a salary from. He should outline that you are perfectly fine with what he paid as you made the boneheaded decision to sit on it and then quit your job. If the roles were reversed would you want to fork over thousands per month to your ex? More than likely no.

There are a lot of jobs that have done well in the pandemic including many high income earners. He should not be penalized because he makes smart financial decisions and you don�t.


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My lawyer explained I could claim a retroactive child support claim but since the special expenses are so high he would just request I pay my share of these expenses retroactively in response
 
Berner_Faith said:
Rockscan is absolutely correct but I wanted to add...

Spousal support has three ranges, low, medium and high. If it was determined or agreed upon that you�d only receive the low end, getting that changed, especially retro is super tough... especially since you now want more money since you quit a job... honestly I can�t believe how long you keep arguing this. You�re going to lose and you could end up paying your ex�s court costs.

Please answer this simple question...

If your ex quit his well paying job, would you be okay with child support and spousal support being drastically reduced?


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I did not agree to it. He decided on an unilateral amount but I can see why they would infer I accepted this.
 
Berner_Faith said:
You still haven�t answered the question.

If your ex quit his job would you be okay with taking less CS and SS?


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I would not be okay with taking less CS and SS but I am trying to become more independent by having my own business so I can be less dependent on him. I just need more time. 4 years is not enough time.
 
trueblue22 said:
I would not be okay with taking less CS and SS but I am trying to become more independent by having my own business so I can be less dependent on him. I just need more time. 4 years is not enough time.
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You could go back to the job that paid you more than you are now... four years is plenty of time to get on your feet, but you made a poor decision and now want him to pay for it. But I mean your ex should be able to do the same as you, so you should be willing to take a decrease for him to hopefully become more independent as well. If it’s not okay for him it’s not okay for you. But you’ll find that out the hard way


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trueblue22 said:
I would not be okay with taking less CS and SS but I am trying to become more independent by having my own business so I can be less dependent on him. I just need more time. 4 years is not enough time.
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Four years is more than some spouses get. Plus you weren’t working to become independent based on your actions and comments here.

As I said before, time to put on your big girl pants and get your shit together.


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When will ODF get a like/dislike button, or at least have the moderators mark it as "This post is disputed".

The hoodwinking by some is astonishing.
 
I applied for the CEWS because my business's income revenue dropped substantially. Would my ex be able to use this against me?
 
trueblue22 said:
If I am still entitled to those support amounts why would it make a difference if I got it now or later on as a retroactive claim?
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Real world example.

Rogers Communications (or Bell, or Telus, or etc...) figured out that the plan your phone on was less than it should have been for the past 4 years and just decided that you now retroactively owe them the same arrears!

Wouldn't you love a bill from Rogers for the past 4 years of telephone service increases for bills that you agreed to pay and already paid?!

Apply the same logic to your situation.
 
trueblue22 said:
I applied for the CEWS because my business's income revenue dropped substantially. Would my ex be able to use this against me?
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If it is recorded as income on your taxes yes. And its not "used against you". Rule 13.1 requires FULL AND FRANK financial disclosure by both parties.
 
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