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Shortly after my granddaughter was born my son and her mother…

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Shortly after my granddaughter was...

Shortly after my granddaughter was born my son and her mother (they were not married or living together)went to court to establish custody and child support. My son signed an agreement for both and has remained consistant in payments and visitations for 12 years. He has taken it upon himself to pay for all dental, medical, lessons (ballet etc) school supplies, and seasonal clothing such as snow suits and winter boots. She has her own room at his home, as well as clothing and toys and entertainment. My son has been employed in our family business for about 15 years.
We have received a request from social services for his payroll records from 2008 to present. Since these figures are available to them from government sources, are we obligated to answer? Can anything be changed by social services without going to court? The mother has since married and has financial problems, and has on more than one occasion, borrowed money from my son.
Thank-you
Darlene McClellan

Submitted: 12 years ago.Category: Canada Law

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Answered in 2 minutes by:

7/12/2010

Lawyer: Harv, Lawyer replied 12 years ago

Harv, Lawyer

Category: Canada Law

Satisfied Customers: 832

Experience: LLB

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Has Social Services been involved in some capacity in the past?
Did they give a reason for wanting the payroll records?
What province are you in?

Customer reply replied 12 years ago

Social Services have never been involved for any reason. We are in Ontario.

The request says: "I represent Ontario Works in the Region of Waterloo in matters pertaining to the procurement of support for dependent children. I am conducting an investigation into the whereabouts of a person whom we believe has been employed by your firm."

The form asks for payroll info, SIN #, marital status and name of spouse, dependants, address and telephone.

Lawyer: Harv, Lawyer replied 12 years ago

Given what you have said about the mother of the child having financial difficulties, I suspect she may have gotten the assistance of these folks to update maintenance.
When you say your son has been consistent with child support payments, do you know if they have been updated annually in accordance with the Child Support Guidelines?
Does he provide copies of his tax information to the mother annually?

Customer reply replied 12 years ago

The agreement, which was drawn up by the mother's legal party, did not ask for tax information. He was asked to pay $200 monthly, but chose to pay $50 weekly even though it exceeded the amount agreed upon. In 2010 he began to pay $300 monthly. This was his decision and not requested by the mother.

The request also says we are obligated to release this information "to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result."

Lawyer: Harv, Lawyer replied 12 years ago

Thank you for your reply.

The mother has now enrolled with the Family Responsibility Office.

What I would suggest is that your son provide them with copies of his last three tax returns and last 3 notices of assessment from the CRA. He really has no choice - it is required by law. That should satisfy the request made.

While technically you may not be required to divulge 'payroll' records since you are not a party to any possible proceeding, it is possible that an order could be obtained for their production. There is really no point in not providing the information.

What will happen is that your son's annual gross income will be used to calculate what the basic child support should be under the Child Support Guidelines.

It is likely that they will proceed with an application to vary the support depending on what your son is paying as compared to what he should be paying under the Guidelines.

I trust that answers your question.

All the best.

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