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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3520
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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1.court gave ex partner 40 days to provide full financial

Customer Question

1.court gave ex partner 40 days to provide full financial disclosure. this was 2 years ago. 2. he owes 80,000.00 in child support. how can he manage not to pay this?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Ulysses101 replied 2 years ago.

Hello, thank you for the question.

What province are you in?

Is there already an existing court order or domestic contract which states that he is to pay child support?

Customer: replied 2 years ago.
no.
Customer: replied 2 years ago.
Ontario
Customer: replied 2 years ago.
i believe complete financial disclosure determines.
Expert:  Ulysses101 replied 2 years ago.

I see. Then that's the problem. Without a court order or executed domestic contract, there's nothing which says that support ought to flow.

I recommend that you send him a reminder that you want updated financial disclosure, and remind him that you asked for it two years ago, and that you have grounds to seek a two year retroactive order if he doesn't immediately play ball. I hope you have some evidence that you asked him for the disclosure two years ago, that will certainly support your retroactive claim for support.

If you have a lawyer who could write that letter then it would have more impact. As well, I recommend that you can hope for the best but should prepare for the worst. If you're representing yourself in court, go to your nearest court and ask for FLIC or family Duty Counsel. They'll tell you which forms you'll need exactly, and then you can start filling them out for when you might need them.

If you have already been to court and he's been ordered to provide you this disclosure, then you can bring a motion that they be held in contempt of that order as well. That should get their attention.

After a court order for support has been made, or a domestic contract which calls for support has been filed at court, the Family Responsibility Office gets a copy and then will start to enforce the support for you.

Is there anything else about this that you'd like to discuss? If so then please reply. If not, then I'd appreciate a positive service rating please. That's how I get credit for helping you today.

Customer: replied 2 years ago.
it doesn't really help.
Expert:  Ulysses101 replied 2 years ago.

What can I go over with you so that it's more clear?

Customer: replied 2 years ago.
I have been told that bringing up the "past" (omitted abuse by cas) will only create "animosity". They are denying my kids equal rights.
Expert:  Ulysses101 replied 2 years ago.

Thanks for getting back to me. I was wondering about your matter.

I'm not clear on what your concerns are. We started this discussion about child support, and how the court ordered him to give disclosure but hasn't ordered support. I told you that without a court order for support, the provincial support agency can't enforce it.

Who is telling you that bringing up the "past" is relevant? Are we still talking about child support?

Who is deny your children their rights? And in what way?

Expert:  Ulysses101 replied 1 year ago.

I was reminded of your question today by something going on similarly in my own law practise. Anything new that you'd like to discuss? If not, then don't forget about your deposit to the site. You can ask for that back or leave it there for a future question.

Ulysses