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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101376
Experience:  Lawyer
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Debra!! Case #XXXXX; the Mother finally did her financials and it's just as ridiculous as we thought it would be. She is claiming that she makes almost $2000/month and receives almost a $1000 in child tax benefits/month as well. So to determine the new child support (what she would pay my partner minus what he would pay her), should we consider both of those numbers because they were both listed under her total monthly income??

Yes you should.

I am surprised she even gave you the disclosure.

I guess she is more worried than she lets on.
Customer: replied 4 years ago.

Why do you think she is more worried than she lets on?

I didn't expect her to provide you with the financial disclosure.
Customer: replied 4 years ago.

Oh I see! Well, of course she waited until we served/filed our papers before she did anything and then at the very last minute did hers. So now we can't even respond to her nonsense or revise our documents to include accurate numbers for the Court.

But you can do that now.

Then you can present them to the Court and her, when you get to Court because she never gave you a chance to do so before.

And if she wants an adjournment ask for your costs as this is her doing.
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Customer: replied 4 years ago.

Since the 50-50% custody change, the Court varied the child support as of last month. The FRO's 'processing' time is so slow that they still paid the Mother the old full amount of child support!? My partner called the FRO and told them that they needed to return that money to him, and they told him that they can't give him his money back, but that they can only credit him towards next month's support payment!!!?!! The lady said that my partner could ask the Mother directly to return the money; he sent the Mother a communication asking her to return this overpayment. She replied and said that she couldn't afford to return his money, and that he is 'welcome' to call the FRO!??? What can we do??????? Ugggghhh...


There is literally nothing you can do.

The FRO is not going to budge.

The mother is typically disgusting.

But wait.

Next month she will get much less and the lower amount will kick in and they will also take off what she should not have gotten.

So she will be sorry.
Customer: replied 4 years ago.

That's what we figured, but it's so frustrating and it's not right. If my partner underpaid on his child support, the FRO would revoke his license, send him to jail, etc., etc., etc.! Holy double-standard... gotta' love the ethics our government upholds, huh!? Thanks very much Debra, we do appreciate all of your help :)

It's not really a double standard.

They are just over-burdened and so take too long for things.

But it will be a good month for you next month!