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Legal Ease
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Category: Canada Family Law
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Now ex-handstand also requested my common law partner to

Customer Question

Now ex-handstand also requested my common law partner to provide his income tax reports and judge sad yes he has to give .
My common law partner has his own kids , our relationship is not good and i do not know how long it will last but applicant
wants those documents and trying to increase my income and increase monthly child support payments plus add section 7 expanses. How can I deal with common law partner income?
Submitted: 11 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 11 months ago.

Did the judge actually make this order?

Is your common-law spouse willing to do this?

Customer: replied 11 months ago.
Judge sad what he has to provide in my understanding for section 7 but ex-husband probably wants something else..
to increase my income to pay more child support...
My common law doesn't want to give but judge sad he has to..
Expert:  Legal Ease replied 11 months ago.

This doesn't make sense.

Is your common law a party to the proceedings?

Customer: replied 11 months ago.
Judge sad if he wouldn't provide his income tax reports ..kind of he will be party to the proceeding ..from my understanding.
But he was not and I sad that relationship is bad and he is about to leave but Judge insist that he has to provide..
Expert:  Legal Ease replied 11 months ago.

You can tel the Judge that you have no control over him, you are separating and he is refusing to provide this information.

You can tell the Judge that he can order him to make the production if he wants but this is beyond your control.

Customer: replied 11 months ago.
Hello again,so what will be the worst rezults for me if ex and judge will have my common law income?
Are they have right to add my common law income to my amd ask me to pay more child support for 17 yaers old son?
I am already paying 558$.
Expert:  Legal Ease replied 11 months ago.

It would not be proper law for anyone to order that your common-law spouse's income would go to the calculation child support. It just isn't what the law says.

Customer: replied 11 months ago.
but it will be consedered for section 7 expences ?
also common law showing in his incomtax that he is giving for household expences 1000$ a month.
So it will be concidered?
Expert:  Legal Ease replied 11 months ago.

The common law spouse's income is not considered for section 7 expenses.

A common law spouse's income is only considered in two cases.

The first is if there is a claim for undue hardship.

The second is if there is an allegation that you are not working intentionally because you don't have to because your common-law spouse is supporting you. This would affect section 7 expenses. Perhaps that is what is going on.

Customer: replied 11 months ago.
I am working full time on salary 60K net. My ex showing 17K gross against my net. He started to get from me 558$ for child support
But he wants more and trying to find and add something else to my income.
My common law is self-employed and he is also getting approx. 17 gross but more in net.
Expert:  Legal Ease replied 11 months ago.

His income will not matter at all. Your ex is just not correct. The court will not consider your common-law spouse's income in this case.

Customer: replied 11 months ago.
why they are requesting common law incomtax documents for last 3 years? Judge also sad that he has to provide.
Expert:  Legal Ease replied 11 months ago.

I don't know.

You have to think about how they convinced the judge to order this and then you can understand what they are looking for.

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