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BMP Wants Proof of my Income

thebrokenrecordmachine's picture
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Hi there-
I posted before on gaining custody and truancy issues...BM sent over her case conference brief to SO and attached a request for my proof of income....is this legal?

Background-just found out I'm 6 weeks pregnant.
according to ontario law a common law relationship is defined as a 3 year commitment or more...we have been living together since July 2013 just over a year.
I have a dr.s note indicating in February 2014 - i should not be working any job...i went back to university and got my degree finally...BMs lawyer is saying the 500$/month i contribute to the house $200 of it should be used for "fake" arrears for SO...she wants 19,000$ worth of arrears on top of child support increase which is ludicrous...we have a child on the way...i have a child from a previous relationship...do i need to show my income...i have proof from the dr.s I am not working.

Thank-you

thebrokenrecordmachine's picture

No SO is not in arrears...she is asking for it because she is a bitch and was paying her cash-he cannot prove that he did pay, however in 2012 he did EFt payments.
SO did mention in his response that if he didnt pay her x amount of money each month...how did she maintain her present lifestyle for the ladt 3 years and where is the debt incurred..she has none.

thebrokenrecordmachine's picture

Yes its fake on her claiming it SO paid her in cash until 2012..so because he was not that bright before then ie...didnt deFt payments- he cannot prove he paid her as the relationship was cordial at the time..but because she is vindictive and he cant prove he paid her from 2011-2012 she wants back child support..even though it was paid.

thebrokenrecordmachine's picture

No problem...I was passed the only proof he has is why did it take her 3 years to go back yo court...how did she maintain her current lifestyle if he didnt pay ..

Shaman29's picture

Sadly.....if he doesn't have proof he paid child support, then he will be considered in arrears. Regardless of the fact he paid her in cash.

thebrokenrecordmachine's picture

Yep...she demanded gas money in Dec 2012 on top of the CS that SO was giving her...to me that was the camel that broke the back...she has been accepting these payments electronically for over a year...what I am most concerned about is do I have to submit my financials...I am not even listed as a third party...I really didnt want him to include me and my daughter in his financial statement...had a feeling should have stuck with it.

thebrokenrecordmachine's picture

Thank-you.

GoodBye's picture

I can't see why your proof of income would be needed. She is just trying to pull one over on you for whatever reason. I am in Ontario too, and BM tried to pull the same kind of crap on us when I was pregnant (so stressful and I'm sorry for you). Anyway she served us with papers asking for my income (as one of the many things on the list), which legal counsel told us was completely unnecessary and none of her business whatsoever. I never ended up providing it to her.

missflo's picture

Not sure about Canadian law but here in Australia its only the bio parents taxable incomes that are used to calculate CS.

Orange County Ca's picture

It's Canada. They're far worse at transferring money for social reasons. They can create "arrears" out of whole cloth.

Rags's picture

Refuse the request. If the judge forces the issue then provide the information. If your research indicates that you do not qualify as a common law relationship then go with that as far as any response to BM.

As a Step Dad I was told clearly by the judge that I was not a party to the case. So... I did not provide any income information. His honor's head about exploded when I refused to provide my income info then quoted him directly with "Your honor, you clearly and firmly stated that I am not a party to the case therefor my income, my assets, nor anything to do with me is relevant to the case. I respectfully refuse the demand to provide any information whatsoever. Either I am a party to the case or I am not. You nor anyone else can have it both ways."

His Honor and I tit for tatted back and forth for several minutes until he said with volume "If you say another word I will hold you in contempt!" So I did not utter another peep even when he asked me a direct question. He damned near stroked out over that one. He then informed me that if I did not provide my income information he would hold me in contempt. I just sat there not saying a word. If I spoke I was in contempt, if I did not provide my income information I was in contempt. He turned purple at that point. What he failed to notice was the envelope I had put at the corner of his bench when I took the stand which contained all of my income information.

Though the state regulations in the state where our CO was issued clearly stated that SParent income could not be considered for CS calculation the bottom 10%er idiots of the legal profession who seem to end up on the family law bench can't comprehend the rules they are charged with enforcing. Though unequivocally excluded for CS calculation purposes SParent income can be considered for applying an income credit to the NCP. His idiot Honor commented after our tit for tat that "Step Dad makes a significant income that provides an artificial standard of living for the child. Bio Dad should not be forced to participate in supporting an artificially elevated income for the child. I am awarding the maximum income reduction credit to Bio Dad of $1000/mo to reduce his exposure to having to support an elevated standard of living for the child." I laughed out loud at that ridiculous bullshit. CS went up by 40% even with the income reduction credit. A $1000 reduction in monthly income for CS calculation purposes only relieved the Sperm Idiot from $50/mo maximum CS for his actual income.

The judge just about shit a brick when I broke out in guffaws at his ruling.

So, don't provide shit for nothing at the request of BM or her attorney, research and know the rules and do not let even the bottom 10%er of the legal profession family law judge give you shit without barring their ass on their own ignorance. Then of course provide what they ask for but only when you have had enough fun at their expense. }:)

As for Canadian family law. As with any legal situation, consult your attorney. That is what we do when we have to smack the Sperm Clan in Oregon courts.

Most of all ..... have fun!

Good luck.

thebrokenrecordmachine's picture

Lol thanks....I am refusing unless the judge demands I provide it...I think its complete b.s....but yes SO- when given the opportunity he likes to fuck with her- in his response he put "the applicant attends a pseudo Christian group and anticipates the apocalypse with excitement"- her response "I do not attend a pseudo Christian group I attend a non denominational church" - lol the irony...hard to think of this nonsense as fun...but maybe there'll be some form of redemption for us!

thebrokenrecordmachine's picture

We cant afford a lawyer after cs, rent, etc..he makes too much to qualify for legal aid...but trust me if I had a lawyer I would have told her to fuck off too...she is being an unreasonable C U Next Tuesday...glad it worked out in your case.

Rags's picture

Great advice. If a direct payroll withholding of CS is not possible using a money order or cashiers check is a good way to go. Or.... order checks with carbon duplication so it is easy to show where the check was written to BM which can also be corelated with her cashing the check.

NO CASH!!! EVER!! FOR ANY REASON!!!!!!!!!!!!!