Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #21 (permalink)  
Old 09-08-2017, 04:36 PM
Junior Member
 
Join Date: May 2017
Posts: 19
Karma2016 is on a distinguished road
Default Backdating Date of Separation

Quote:
Originally Posted by arabian View Post
What a dickless ahole.

Your legal journey will be long (because he has the $$ to make it so). You can most definitely have your lawyer get Order to advance you money from matrimonial property to pay your bills and ensure that you have proper legal representation. Court will ensure you can litigate on equal footing. Get this done yesterday. Of course your lawyer will arrange interim Order for SS (this is usually very high to encourage the dick-head to NOT drag things out).


Yes I got an interim support order last December. It was retroactive to March 2016. I paid my father back $20,000 of the $60,000 I owed him at that time. ($40,000 was the down payment of my new townhouse). I am no longer on his payroll and as of January 1, 2017 he transfers money to my account every first of the month. We aren't going through FRO.


Sent from my iPad using Tapatalk
Reply With Quote
  #22 (permalink)  
Old 09-08-2017, 04:40 PM
Junior Member
 
Join Date: May 2017
Posts: 19
Karma2016 is on a distinguished road
Default Backdating Date of Separation

Quote:
Originally Posted by len14 View Post
I'm with Arabian... find yourself a new lawyer.

What is also curious as to why the house was solely in your name.

If it was solely in your name, why would he block the sale of the home?


Sent from my iPhone using Tapatalk


I just switched Lawyers to a more aggressive one. First lawyer is a nice guy, but too laid back. New lawyer has been referred to me by other Family Law lawyers I know.

Even though I was title owner of our home, a matrimonial home requires both spouses' consent to sell. He owns his own business and should he had ever been sued, they would not be able to go after our house because it wasn't in his name. This is common practice for people who own a business.


Sent from my iPad using Tapatalk
Reply With Quote
  #23 (permalink)  
Old 09-08-2017, 08:40 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

I owned a business for 30 years. Don't be duped. Quit listening to the nonsense your ex feeds you. If you are a "director" in an incorporated business you are liable for many things, including debt (employee CPP, EI, taxes) owed by the business. I know this with certainty. I lost over 200k with the same incorrect information you have received. Also, did you know that family law "trumps" corporate law if you are in partnership with your ex? I didn't know this.... many things I didn't know.

Get paid through FRO. Trust me. You will be sorry if you don't.

Matrimonial home needs a judge's order to sell. Don't ever forget that.

MAKE SURE YOUR LAWYER HAS BUSINESS EXPERIENCE OR YOU WILL PAY $$$ Preferably a business degree as well as a law degree

Last edited by arabian; 09-08-2017 at 08:43 PM.
Reply With Quote
  #24 (permalink)  
Old 09-08-2017, 09:14 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,413
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
I owned a business for 30 years. Don't be duped. Quit listening to the nonsense your ex feeds you. If you are a "director" in an incorporated business you are liable for many things, including debt (employee CPP, EI, taxes) owed by the business. I know this with certainty. I lost over 200k with the same incorrect information you have received. Also, did you know that family law "trumps" corporate law if you are in partnership with your ex? I didn't know this.... many things I didn't know.

Get paid through FRO. Trust me. You will be sorry if you don't.

Matrimonial home needs a judge's order to sell. Don't ever forget that.

MAKE SURE YOUR LAWYER HAS BUSINESS EXPERIENCE OR YOU WILL PAY $$$ Preferably a business degree as well as a law degree
Wives of lawyers aren't in business with them, the LSUC prohibits anyone other than a licenced member of the LSUC to own/be on paper. At the moment, lawyers aren't allowed to have family members as non-voting shareholders of their PC's. [interesting off comment - doctors, chiro's, optometrists, etc. are permitted have family members as non-voting shareholders]

.. In any event, writing a monthly cheque from the practice to the wife "employee" is another form of income splitting. And registering the matrimonial home in the name of the wife [non-business partner] is a form of excluding personal assets from professional assets for liability purposes. We all do it.
__________________
if you attack everyone involved, the common denominator is you. Attributed to OL
Reply With Quote
  #25 (permalink)  
Old 09-08-2017, 10:01 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

nope - if you want to write off your wife in a family medical practice you had better be sure she is a licensed RN or be able to prove she works in some capacity for you. They (CRA) have cracked down on this in a big way. All it takes is an audit or a 3rd party to report this (disgruntled ex wife's bf).

If one wants to "income split" then they had better do it the legal way. My boss learned his lesson. Wife is an RN b.t.w. but no longer works for him..... One takes their chances with these old loop-holes. Always good to check with a CA, particularly when acrimonious divorce/separation is going on. What you do when you are a married couple is one thing but these people are separated.
Reply With Quote
  #26 (permalink)  
Old 09-08-2017, 10:16 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

I believe Karma106's ex is a lawyer, not a medical practitioner - correct me if I am wrong.
Reply With Quote
  #27 (permalink)  
Old 09-08-2017, 10:17 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,413
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
nope - if you want to write off your wife in a family medical practice you had better be sure she is a licensed RN or be able to prove she works in some capacity for you. They (CRA) have cracked down on this in a big way. All it takes is an audit or a 3rd party to report this (disgruntled ex wife's bf).

If one wants to "income split" then they had better do it the legal way. My boss learned his lesson. Wife is an RN b.t.w. but no longer works for him..... One takes their chances with these old loop-holes. Always good to check with a CA, particularly when acrimonious divorce/separation is going on. What you do when you are a married couple is one thing but these people are separated.
what? lol -- this is what I do for a living. And have for the last 30 years. But always open to some new thoughts, if provided concurrently with relative citations from OBCA or CRA supporting sections/bulletins.
__________________
if you attack everyone involved, the common denominator is you. Attributed to OL
Reply With Quote
  #28 (permalink)  
Old 09-08-2017, 10:20 PM
Junior Member
 
Join Date: May 2017
Posts: 19
Karma2016 is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
I believe Karma106's ex is a lawyer, not a medical practitioner - correct me if I am wrong.


My Wasband is a lawyer. Has been practicing 30 years. We have been income splitting for several years (on paper).

And no, you do not need a judge's order to sell the matrimonial home; just the consent of both spouses.


Sent from my iPad using Tapatalk
Reply With Quote
  #29 (permalink)  
Old 09-08-2017, 10:36 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

Quote:
Originally Posted by mcdreamy View Post
what? lol -- this is what I do for a living. And have for the last 30 years. But always open to some new thoughts, if provided concurrently with relative citations from OBCA or CRA supporting sections/bulletins.

Yep - boss (medical specialist) can no longer "income split" in the old way. While she is a registered RN, she doesn't not practice her 'RN' skills actively (she was doing office work). She was unable to get approval through the provincial legislation to be able to look up online medical records. The only thing he could "write off" would be a commensurate income to office receptionist. So it wasn't worth it.

I should add: In Alberta pharmacists can write prescriptions so it isn't any surprise that there is different provincial legislation. In my boss's situation, in order to be a legit RN (not an RNA) you have a licensing body. In order to be acknowledged by the provincial licensing body you have go go through the hoops (if you are merely a wife at home trying to "income split") to prove that you physically are active in your husband's practice. You have to satisfy the nursing body who then gives the OK and you can then have your "wages" (LOL) deemed legitimate. I don't know the particulars of this as I am not a CA nor am I a RN.

This actually makes sense to me.


Times they are a changing... your clients may have gotten away with it but I know for a fact that my boss couldn't do this anymore...

no I don't have anything to cited from, sorry. Just boss who was advised by his CA to make changes, which he did.

Last edited by arabian; 09-08-2017 at 10:43 PM.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
help wit 13.1 abuseddad Financial Issues 10 09-25-2015 10:06 PM
Separation date and tax implication Mike62 Financial Issues 4 03-23-2015 08:32 PM
How is the date of Separation Determined? Acura Divorce & Family Law 2 05-16-2011 10:01 AM
Separation Agreement Mouse_117 Divorce & Family Law 6 09-18-2010 04:37 PM
Separation Date JBM Divorce & Family Law 24 01-26-2006 02:43 AM


All times are GMT -4. The time now is 02:14 PM.