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  1. #1
    Junior Member TWOBABYBEANS's Avatar
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    Default Failing to Provide Tax Return

    So my separation agreement says my ex is to provide me with his tax return on June 1st, and every year at that time child support is reassed. He does not have 50-50 access and we have agreed that section 7 expenses be split 50-50 (we've never actually had any in five years). It also says that I am to provide him with a copy of mine if I have asked for Section 7 expenses. I haven't so - it's all irrelevant.
    He asked for mine, but I do not legally have to give it to him, nor does it factor into his child support.
    So he is currently refusing to give me a copy of his taxes. He igonores my emails. I spoke to my lawyer last Tuesday and they were sending him a letter.
    Any one have any knowledge on this? Can he actually refuse to give it to me?

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    Expert Forum User The Ultimate London Mom!

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    sure he can. but then he's in contempt of court.

  3. #3
    Junior Member TWOBABYBEANS's Avatar
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    and then what? what do I do or what comes next?

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    Expert Forum User The Ultimate London Mom!

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    you file papers at the courthouse.

    I don't know all the details.

    My ex has the same stipulation that he must provide by june 1st. I don't need to nag at him much anymore. It does come. Sometimes, its late and I'll shoot him a message.. but as the years have gone on, he just does it now.

    (like, I just got this year tax return the other night).

    I'd head on down to FLIC and talk to someone there, or call your lawyer. (i suggest flic though because they are free!)

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    Yep go file papers, you don't need a lawyer for that, with the courts. Serve him, and I bet you will have it within the week. If you don't, you go to court, and he will be forced to give it to the judge or he goes to jail.

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    I've never in the 10+ years since our divorce received, even though requested and court ordered 3 times, the income statement from my ex. The second judge excepted an estimated income (from my lawyer), which I assumed was high, but was never contested by the ex ever and his wages are still garnished to that amount for child support. At the time also, the judge changed the 50/50 split of expenses also to '% of income' and every 2 - 3 years I take him back throught the court system, asking and receiving all the cost to do so (added to the child support deduction) for what is owning on his %. I do send him copies every year asking for his share, but that goes unanswered. He as no contact with the children (his choice).

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    I haven't recieved a tax sheet from the ex since we had everything settled four years ago. I've given up fighting him ATM.
    A by the book mama to a completley healthy DD Dec.2002 and doing it all different, BWng, CDing, BLWing, crunchy mama to an equally healthy DS Nov.2008 apparently a cosleeping mama DS Aug. 2011

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    The thing that makes no sense is that even if that is in your court agreement, the only way to change the child support amount is by going to court again.
    DH exchanges tax return info with his ex, but apparently the change in child support isn't automatic. Other provinces have it change automatically every year based on income, but not Ontario.

    That's my rant... lol.

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    Expert Forum User The Ultimate London Mom!

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    Quote Originally Posted by Kaisa View Post
    The thing that makes no sense is that even if that is in your court agreement, the only way to change the child support amount is by going to court again.
    DH exchanges tax return info with his ex, but apparently the change in child support isn't automatic. Other provinces have it change automatically every year based on income, but not Ontario.

    That's my rant... lol.
    from my understanding, its up to the parties involved in Ontario to have the amount changed.

    My ex's income has stayed relatively close to the same in the past five years, so I haven't felt the need to have it reassessed/changed.

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    Quote Originally Posted by Leigh View Post
    from my understanding, its up to the parties involved in Ontario to have the amount changed.

    My ex's income has stayed relatively close to the same in the past five years, so I haven't felt the need to have it reassessed/changed.
    If the parties agree, then it's definatly easy to change. But you can't force the other party to pay more, even in their income goes up.

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    Quote Originally Posted by Kaisa View Post
    If the parties agree, then it's definatly easy to change. But you can't force the other party to pay more, even in their income goes up.
    I know. But I kinda like this step up. lol It means we don't have to worry about it, if there is no significant change.. up or down. lol

    It makes things consistent yk?

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    Quote Originally Posted by Kaisa View Post
    If the parties agree, then it's definatly easy to change. But you can't force the other party to pay more, even in their income goes up.
    You can if you take him/her back to court. I haven't had my ex's support changed in 2.5 years. He wants it changed now, he says he made significately less than the year before. But it is less than 2 grand, so not really a change, other than 3 dollars per month. So I told him to take it to court.

  13. #13
    Junior Member TWOBABYBEANS's Avatar
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    Quote Originally Posted by Kaisa View Post
    The thing that makes no sense is that even if that is in your court agreement, the only way to change the child support amount is by going to court again.
    DH exchanges tax return info with his ex, but apparently the change in child support isn't automatic. Other provinces have it change automatically every year based on income, but not Ontario.

    That's my rant... lol.
    Hmmm...I'm not sure about this....
    In my agreement it says that child support will be reassessed every June 1st according to his tax return - and then - the child support changes accordingly. My husband does this with his ex as well. It's changed many times - we've never had to go to court for that...

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    Is it your child support, or the section 7 support that changes occordingly? Cause my Court order says on June 1st of every year, Section 7 will change (the percentage to income ratio) for each of us. So we figure that out ourselves. His lawyer, and my legal council told us both that we would have to go back to court to change the child support guideline, if it was significant, or if my ex lost his job etc.

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    Quote Originally Posted by TWOBABYBEANS View Post
    Hmmm...I'm not sure about this....
    In my agreement it says that child support will be reassessed every June 1st according to his tax return - and then - the child support changes accordingly. My husband does this with his ex as well. It's changed many times - we've never had to go to court for that...
    This is correct. If he is paying the table amount, it will go by what line 150 is on his tax return.

    You would have to take him to court if he doesn't provide this for you.

    I am thinking of doing this with my ex as well.

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