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Spouse under-reporting income to CRA and doesn't want to pay support

Anonymous Asked:

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

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I assume from your question that your husband is self-employed.

If an Application is commenced against your husband, including a claim for spousal support, then he is required to swear a Financial Statement. It is a sworn affidavit. There may be serious consequences if he misrepresents information to the Court.

As part of the litigation process we are entitled to obtain complete documentation with respect to his earnings. If he owns his own company this would include full company records, etc. We are also entitled to question him under oath and a transcript of that questioning can be used before the Court. We can also examine his credit card statements, bank records, etc. We may be able to trace monies coming into an account, or in the alternative construct a reasonable argument that he must be earning a certain amount of money in order to account for his paid expenses. There are different legal arguments and strategies that can be used and I have provided you with a few examples. Of course, what makes sense for your case would depend upon your unique facts. You are welcome to telephone me at 905-451-3222 for a free consultation. I will offer one further comment, which is that a Judge can also impute income. What this means is that a Judge can make a child support and/or spousal support Order based on an imputed income, as opposed to the income that is simply listed on a person’s CRA Notice of Assessment.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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