Need help...first time post

[mase514]

Hi all,

Okay, divorced finalized after a LONG journey last May. Received court papers via post with a Form 6. CS payor has made a motion to change CS. From 700$ to 291$ per month with Sec 7 expenses paid (payors proportionate share) only after written approval from payor.

Payor is in significant arrears over 5 thousand $ and is asking the courts to strike out the paragraphs detailing support payment and arrears owing as well as Sec 7 expenses and further reduce arrears to 1200 with monthly payments of 50$ monthly until the 1200 amount is paid. (?!)
No other option detailed or being requested.

Just to note, government garnishment and possible license suspension notice sent early April via FRO. Refraining order granted March 27th.

Parent has no contact with child or myself by choice with this poster having sole custody of child. No visitation/communication from parent for over two years now. Therefore I just want to say I had no knowledge of the following info points below that other party has in court papers. Only became aware of issues 48 hours ago.


1. Motion to change information court documents indicate payor is on disability leave due to ROE code D (temporary illness or injury) and has been off work since April 2014 and now receiving disability benefits through employer
2. Other parties, financial disclosure is very poorly done, LOADS OF OMISSIONS, and questionable to say the least.
3. This person recently declared bankruptcy prior to divorce yet indicates they have a personal loan over 20$000 and is not making payments on it yet has put this in their debt to asset boxes in financial statement to reduce their income.
4. Basically, payor receives about 2400 monthly in disability benefits. Also indicates they lives in a spousal relationship and pays 500 monthly for rent, yet does not claim this in 2014 taxes and includes no receipts for this rent payment in court paperwork?

What do I do here?
If court was held usually in Ottawa and now in smaller court out of town within their own jurisdiction, there are no previous court documents attached to this motion to change...

Our child has a permanent disability so sec 7 expenses will be a necessity as well as CS.

What should I do? does payor's spouse not also have to reveal finances? Not sure here about that one? I do know that if another person is covering costs of something for them, it does not need to be included in the financial statement so it is only this ???23,000 loan not being paid and the arrears amount misquoted at 4500$

Thanks, sorry I am all over the place here....

 

[arabian]

I'd recommend getting as much factual data as possible. For example, you can get the bankruptcy papers from the Office of the Superintendent of Bankruptcy which lists the assets and liabilities of the bankrupt at time of bankruptcy. Read over information on the Bankruptcy and Insolvency Act you will see the regulations specifying borrowing money while undischarged.

Thing about bankruptcy is that it generally shows the bankrupt is in a better position to honor support payments as he/she has wiped out their debts.

Your provincial collection agency (FRO, MEP) should be doing a very thorough examination of your ex's finances. I'd be persistent and phone them and ask them what they are doing to collect money owed to you. On the financial forms there is an area where payor is supposed to indicate 'total household income.' Unfortunately you are not privy to this information, however, you can certainly ask FRO if they took this into consideration. I would try to find out as much detail about the refraining Order.... who issued it? Was it discretionary on the part of FRO? How long is it for? Arrears don't go away.