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ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3360
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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If a former spouse refused even provided there is multiple

Customer Question

if a former spouse refused even provided there is multiple court orders for this to provide child support according to the schedules of his investment income also and even tax return information (now for 2 consecutive years) what shall we do??
Submitted: 1 month ago.
Category: Canada Family Law
Expert:  ulysses101 replied 1 month ago.

Hello, thank you for the question.

What province are you in?

It doesn't matter how many different orders there are, sometimes too many will cloud the issues. As long as the most recent order is a final order and is clear about what the payor must do, then you should be fine.

What does this most recent order say about child support and income disclosure?

Is the ongoing support being collected through your provincial support enforcement agency?

Customer: replied 1 month ago.
Hi,
He is in Vancouver BC, I am in Sechelt BC...
He was supposed to give his Full tax return - schedules as well as the most recent asessment according to the summer 2015 order (for the tax year 2014) and this year he hasn't provided any info whatsoever. (We go by a 3 year averaging of his income and bonuses)
Customer: replied 1 month ago.
I have a son who has health issues (psychiatric) and I am solely giving care for him. This takes away my opportunity to work full time and I don't have any support for myself. We are on the verge of loosing our house now. I am in debt. What shall I do?
I hope i can apply for some spousal support for the year since he's still in high-school but failingly so, he's 18 years old. Can I??
Expert:  ulysses101 replied 1 month ago.

Is the support being enforced through your provincial support enforcement agency?

Customer: replied 1 month ago.
No as we don't know his income currently but should I take him to court again (very expensive)
what else could we do??
Customer: replied 1 month ago.
I can't afford family layers currently as I am a low income earner due to this (just a few hundred dollars/month) and am struggling. I used to earn up to 50K/year but have deteriorated due to the situation of family feud over this, multiple court cases as well as my sons psychiatric health problems due to this. Constant moving and selling homes we owned etc.
Expert:  ulysses101 replied 1 month ago.

If the order says he's to pay, then you should register it with provincial enforcement. They'll go after him to collect it for you. They are slow, but they do it for free and have more powers than you do to make him pay.

If he's not following the order, you take him back for contempt. That's not complicated, but has to be done exactly correctly, so go to court and get some help from duty counsel or from the legal aid family law clinic (if there is one) to fill in the paperwork and direct you what to do next. You don't have to have a lawyer for that. It's recommended of course but you can do that on your own.

Here's the website for BC enforcement:

https://www.fmep.gov.bc.ca/

If the child is "disabled" then support for the child should still flow. Getting spousal support this long after separation will be dicey but you can make the claim if you wish. Talk to the legal resources available at court about that.

Does that make sense?

Customer: replied 1 month ago.
We had a former court order but the amounts change as my daughter moved out of the house
Customer: replied 1 month ago.
We can never see his tax returns again as he's not giving them to determine the correct amount for this year. He claims it's what he gives . Around 4K depending on his mood
Expert:  ulysses101 replied 1 month ago.

If he's ordered to provide his income information in the existing order or agreement, then you have to take it back to court for enforcement of that term. It's not very difficult, but a motion for contempt has to be drafted very precisely.

He may be taking the position that support should end now that the child is now 18. But support can continue past that.

If you haven't already registered the enforcement with your provincial agency, that's the first thing you should do. They can't change the order or force his disclosure requirements, but they'll start to make efforts to collect from him. Even if he doesn't have a regular employee paycheque, they'll get his attention with threats to have his drivers license suspended and his credit rating affected.

The court doesn't monitor compliance with the orders it makes. The parties have to bring it to the court's attention.

Does that make sense? Anything else to discuss about this?

Customer: replied 1 month ago.
Thank you, ***** ***** I'm good
and we r thinking about taking this further to the next step as I'm never going to get out of these debts if I don't act.. that I accumulated during this court process (over*****cases)..Mia
Expert:  ulysses101 replied 1 month ago.

Doing the documents, completely and correctly, is half the battle. You shouldn't have to spend thousands of dollars to have a lawyer sit next to you for three hours waiting to get called into court to speak for five minutes leading to the inevitable adjournment.

You'll get good value for your law dollars if you get a decent law firm to do just the paperwork for you. Call around to find one, if the firm has an admin or clerk who is good with documents then that person would be doing the lion's share of the work anyway. That shouldn't cost you much, but if you're bringing a motion for contempt or to vary, it's extremely important to have your paperwork be perfect. If you are doing a financial statement (which you likely will if there are extraordinary expenses to be split), then get your attachments together first because that always holds things up. You'll need your last three years worth of your Notices of Assessment from CRA and proof of current income, as well as receipts or accurate estimates of the costs you want the court to order him to contribute towards.

If we're finished with this topic may I please have a positive service rating? Ratings are how I get credit from the site for helping its customers.

Good luck.

Ulysses

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