Ask a Lawyer is a public chat forum, where you can ask lawyers for very general information. Because it is public, your questions, comments, and responses are not confidential. Please contact a lawyer in our Directory directly if you need a private opinion about your specific circumstances.
I am self-represented. I just don’t have the funds to pay for legal counsel and it was a strategy by ex and lawyer to bleed me dry to this point. They are initiating further mediation/arbitration to lower child support. I have full custody and he has about 37% time with one of the two children. The oldest doesn’t want any overnights with him.
My claimed income is very low and his income was set at $200,000 so he could buy a house last year. This last year his income magically dropped by a lot. He’s self-employed. There is a massive difference in our standards of living. I can’t afford trips and he takes our two children on at least three international trips per year. He lives in a very expensive HOA neighbourhood in Calgary. His new wife also makes lots of money. They are well off.
His wife or my kids step mom took the youngest to Europe by herself last month. His lawyer is asking for financial disclosure. Can I ask for financial disclosure for the step mom as well since they are married and she pays for many things for the kids. Can their combined income show the massive disparity between the two houses? Can I ask for her financial disclosure?
Thanks!
014 months ago
Anne McVea - Reliance Legal Group LLP (Calgary) Verified Lawyer
Although a spouse's income can be relevant to Guideline income, it typically is not used. However, it sounds like the opposing party's self-employment income needs further examination pursuant to s.18 and s.19 of the Federal Child Support Guidelines. If you have the opposing party's Financial Statements for 3 years, I could offer you a pro bono hour to show you where to look and what to focus on. Not sure why you do not have a Legal Aid lawyer if you are low income.
114 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
This is not a situation where you can afford to not have a lawyer. There are a few tax strategies that self-employed persons can use to reduce their income for tax purposes that are not allowed, or are to be added back to their income, for child support purposes. The payor in this situation is not the first person to come up with this "clever strategy" to try to hide income in an effort to reduce their child support obligations. Lawyers and Justices have seen this many, many times before and we have cases and rules and practice notes to deal with it. I would encourage you to speak to a lawyer in a confidential setting to go over the specifics of your case.
There is a free service provided by the government and courts called Child Support Resolution https://www.alberta.ca/child-support-resolution-program which is free and can get you a long way toward a proper child support number.
014 months ago
You must log in or sign up to reply to conversations.
DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions.
This website contains content and files submitted by third parties, to which you download or view at your own risk.
The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory.
By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.
