My ex and I have been separated for almost four years. I moved to another city and we have always had verbal agreement and written (through texts and emails) never anything on paper. I was the one who left but have driven back and forth until our house sold last year. upon selling, my ex husband from September last year until spring had been meeting me half way. we also had a verbal (and on text) agreement about this and also on paying an agreed amount of child support.
he has very suddenly changed his mind and has asked for my t4 slip (demanded it within a 48hour period)demanded that I pay all his gas and that the agreed about amount of support is now no longer enough.
What if any thing can I do? do I have to give him my t4 slip? does the prior history have any holding? do I have to pay his gas? we live four hours from each other. I have hired a lawyer but don't meet with her for another month for the initial consultation and this has come up now.
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Answer: You have raised multiple issues. I address them, as follows:
1. No, you do not need to pay for his gas;
2. Yes, the “status quo” does matter. I will comment further once I have been advised about the number and ages of your children;
3. Child support is mandatory as required by the Child Support Guidelines. At this point you are not required to provide your T-4 as there is no Court Order. However, if Court is commenced you will 100% be required to provide your financial disclosure, such as your T-4, current paystub and your last three Notices of Assessment. So will he;
4. The calculation of child support follows the mandatory tables. I need to know the number of children, incomes of both parties, and the exact access arrangements, before I can comment on the ongoing child support amount. However, a verbal agreement that does not comply with the Child Support Guidelines will almost certainty be ignored by a Judge, if Court is commenced; and
5. In contrast, the splitting of the driving half way will almost certainly be enforced by a Judge, if Court is commenced; however if you want a legal opinion on this (and other) points you first need to call me for a free consultation, at (877) 668-9386, so that I may first obtain additional details.
(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).