[smith512]

My ex and I are devoiced, we share a child 50/50. We have a court order that says that we off balance each other pay for child support.

Our income for the year decides how much money is paid. If the payer makes more they pay more or if the receiver makes more they receive less. I have recently learnt that my ex have been working a second job for years and lying about the income-in essence receiving more money than they should.

I practically know everything about the job however I don’t know how to prove my ex’s income. Would you please explain the best and cheapest way on how I would be able to find out the income of the other person?

I reside in Ontario.

Thanks

[this8384]

My ex and I are devoiced, we share a child 50/50. We have a court order that says that we off balance each other pay for child support.

Our income for the year decides how much money is paid. If the payer makes more they pay more or if the receiver makes more they receive less. I have recently learnt that my ex have been working a second job for years and lying about the income-in essence receiving more money than they should.

I practically know everything about the job however I don’t know how to prove my ex’s income. Would you please explain the best and cheapest way on how I would be able to find out the income of the other person?

I reside in Ontario.

Thanks

You can request that they fill out a financial disclosure of some type. I'm surprised this order is so open; usually they set an amount and that's what gets paid, not that it fluctuates every time one of the parties gets a raise.

Do you think that your ex is earning significantly more than the courts are aware of?

[cdad]

Why would you want to punish your ex if they are working a second job to make ends meet? It would seem to me that the money from a second job shouldn't be included in child support. You have to check with your area if it does or not. You may be on a wild goose chase.

[GV70]

Section 21 of the Ontario Guidelines specifies the documentation that has to be provided by the payor (or the recipient in certain cases). The documents includes the past three years income tax returns plus supporting documentation plus the notices of assessment. If the party is an employee a recent pay statement or a letter from the employer with year-to-date earnings information has to be supplied. If the party is a shareholder or owns his or her own business, then additional material will be required, including corporate tax returns, year-end financial statements and a break-down of wages and salaries.

Also, the payor has an obligation to provide this information to the recipient every year if the recipient requests it in writing. Finally, any failure to provide this information can result in a number of penalties, including costs orders against the delinquent party, an order that the delinquent party’s pleadings are dismissed and/or the court may "impute" income, meaning that the court will impose its own view on what the support payor’s income is and that’s view is invariably higher than the payor would like.