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

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Old 05-15-2006, 01:27 PM
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Default Catch in lie or release what I know

If I catch my ex still cohabitating (4 different addresses 21 months same guy) do I let her try to say she isn't in court and present evidence to the contrary or
do I file the motion requesting her boyfriend's financial situation. I would like to trap in a lie to discredit any of her testimony as opposed to just going after a reduction or elimination of spousal support. What evidence do I need for cohabitation I have them both at 4 different addresses together during their cohabitation. I don't want to reveal any more info as it may become too public and jeopardize my situation. DO I need an affidavit, will revealing my info during the settlement conference damage any other moves at trial if need be.

THe way I see it is our wage span is minimal $10-12000 gross ( approx. $120 per pay) I am helping my oldest with accommodation. She is 6 years younger, my health requires the earliest possible retirement. I I am able to use a 25% Tax rate on my pension valuation we are even on net family property. She is still cohabitating. Her wage will increase mine will decrease. I reduced my side of the net family property statement by giving her 75% of equity in home.

She did not 1) reveal she was living with someone in her case conference Net family property statement and income statement she left it blank. 2)She said during the case conference ( can I get a copy of the case conference transcript to refer to it in the settlement conference) that her relationship with him was not like that.....when her relationship was described as adulterous common-law relationship by my lawyer.

My questions are:

Do I need to fill out a revised net family property statement? (because I released the money to her just recently.) And is releasing the money from trust to her is that considered a written agreement between us.
Aside from answering for confirmation of attendance what other forms are necessary.
How long before the settlement conference should I file any motions or affidavits.
If I don't want child support for my oldest or I wish to state that if she drops her claims I will not file any claims for support when I retire with a reduced wage. approx $10000 gross below hers.
I hope someone understands what I am trying to do. We just prefer to be left alone so I can get my son finished and on to his own life. WIthout me he would be broke no address and living on a scholarship grant for another 18 months.

PS If my family or neighbours who have been supportive to me through this ever read this, I cannot thank you enough. TO the moderators and to this forum I sincerely appreciate everything you have done in way of encouragement and direction

Thanks from the heart,
Mcbroke
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Old 05-15-2006, 02:46 PM
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McBroke,

You will have to complete a financial statement for your upcoming settlement case conference. They are only good for 30 days of being sworn. Additionally, if a party realizes a financial change in the subsequent 30 days, they are to report the change either by regular affidavit or provide a new financial statement.

Remember that if it is you that arranged the settlement conference, your settlement case conference brief and financial statement has to be served and filed at least 7 days before the held settlement conference. The other party has to serve and file their settlement conference brief and financial statement at least 4 days before the held settlement case conference. and vice versa, depending on which party arranged the settlement conference.

Both parties are to submit to the Registar Form 14C confirmation 2 days before the held case conference.

Releasing the funds to the other party would not be considered a written agreement. When you say written agreement; Are you referring to a separation agreement as per a valid separation agreement as listed in Part IV of the Family Law Act, R.S.O. 1990, c. F-3?

Releasing funds prematurely without a valid separation agreement is dangerous. A separation agreement should settle all the issues. By releasing funds early, It just gives the party more $$$$ to litigate.

At your settlement conference don't forget to get last minute discoveries from the other party to support your stance.

LV
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Old 05-15-2006, 03:37 PM
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Default Thanks LogicalVelocity

Thank you LogicalVelocity I am the respondent in this situation. I released the funds because it was the only thing on my side left that created an imbalance.

The written agreement is my releasing the funds held in trust to her and her accepting them from the real estate lawyer.

I am currently working on filling out the confirmation the Financial and Settlement conference brief.

How do I get last minute discoveries from the other party?
Do I still wait for them to tell more lies at the settlement conference or should I reveal my evidence completely prior to the settlement conference. Clearly they are hiding things and don't want to get caught. Plus my ex receives monies and or gifts from her employer ( I know this from the past...a free bbq, free food from work free uniforms etc.that she fails to include on her financial statement, while mine is automatically revealed.

Thanks LV
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Old 05-15-2006, 04:16 PM
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Mcbroke,

I assume the other party served you a SWORN financial statement with their Settlement Conference Brief. Confirm if they filed this financial statement into the continuing record.

If you have received their financial statement, but wasn't complete. SPECIFY what they did wrong. Lacking information slips, sections left blank. Get the other party to complete the form properly. You have grounds to request as the family law rules regulate this.

(If they leave a section blank, its not as lie at this point) All your asking for here is that they comply with the Family Law Rules on completion of the financial statement.

I believe the financial statement form in the income section has an area for other benefits from employment.


You can always examine the party under oath after you receive a properly completed financial statement.

LV
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Old 05-17-2006, 01:23 PM
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Default Settlement Conference Financial Statement and Conference Brief

I have received as requested by my fax Form 13.1(Sworn) and Settlement Conference Brief Form 17C with an offer to settle with outrageous amounts. There are some conditions that I agree to signing over the van and camper to her and releasing her from my car lease (if possible). His supportmate calculations have me earning $12000 year more than I actually make and I can't access the software (Mine is $55000 hers is allegedly $41000.

She admits to a common law partner but doesn't include his wage-left blank again- Part 6 section 5 left blank. However section 6 says he contributes 50% per month to household expenses, yet on her expense sheet she has claimed the full rent. (Common-law now for approx 20 months and holding)

In the lawyers calculation he has failed to acknowledge receipt of the remaining money in trust that I released to her Also they refuse to acknowledge on my liabilites the large amount of debt that I assumed .

Do I counter offer or do I ask first for corrections to the form first and then comply with some of the issues that I agree to.

Is there any way I can do a supportmate calculation?
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Old 05-17-2006, 07:43 PM
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I would ask for corrections to be made first with full and frank disclosure.

Support mate is legal software. The company I believe is DIVORCEMATE. They also have all the court forms. www.divorcemate.com Very expensive!

However, another equivalent good software is CHILDVIEW. www.childview.ca It is more reasonable and additionally you can order a free trial version.

If your any good with ms excel, you could also make your own calculations applying tax brackets for respective province's. You could apply the support formulas as found in the spousal support advisary guidlines in an excel sheet to determine amount of support.

However, I think your main issue is the financial information of the third party and them coming clean with this information. Since it NOW has been mentioned, that indeed she is living in a coomon law relationship, request financial disclosure from that party.

LV
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Old 05-17-2006, 08:33 PM
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Mcbroke,

Under the Courts of Justice Act - Family Law Rules

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

ADDITIONAL FINANCIAL INFORMATION

(11) If a party believes that another party’s financial statement does not contain enough information for a full understanding of the other party’s financial circumstances,

(a) the party shall ask the other party to give the necessary additional information; and

(b) if the other party does not give it within seven days, the court may, on motion, order the other party to give the information or to serve and file a new financial statement. O. Reg. 114/99, r. 13 (11).

QUESTIONING ON FINANCIAL STATEMENT

(13) A party may be questioned under rule 20 on a financial statement provided under this rule, but only after a request for information has been made under clause (11) (a). O. Reg. 114/99, r. 13 (13).

I would be sending a FORMAL request for more information as per rule 13(11)

This paves the way for Rule 13(13) in accordance with rule 20

RULE 20: QUESTIONING A WITNESS AND DISCLOSURE

QUESTIONING — PROCEDURE

20. (1) Questioning under this rule shall take place orally under oath or affirmation. O. Reg. 114/99, r. 20 (1).

CROSS-EXAMINATION

(2) The right to question a person includes the right to cross-examine. O. Reg. 114/99, r. 20 (2).


ORDER FOR QUESTIONING OR DISCLOSURE

(5) The court may, on motion, order that a person (whether a party or not) be questioned by a party or disclose information by affidavit or by another method about any issue in the case, if the following conditions are met:

1. It would be unfair to the party who wants the questioning or disclosure to carry on with the case without it.

2. The information is not easily available by any other method.

3. The questioning or disclosure will not cause unacceptable delay or undue expense. O. Reg. 114/99, r. 20 (5).

QUESTIONING SPECIAL PARTY

(6) If a person to be questioned is a special party, the court may, on motion, order that someone else be questioned in addition to or in place of the person. O. Reg. 114/99, r. 20 (6).

QUESTIONING ABOUT AFFIDAVIT OR NET FAMILY PROPERTY STATEMENT

(7) The court may make an order under subrule (5) that a person be questioned or disclose details about information in an affidavit or net family property statement. O. Reg. 114/99, r. 20 (7).

QUESTIONING OR DISCLOSURE — PRECONDITIONS

(8) A party who wants to question a person or obtain information by affidavit or by another method may do so only if the party,

(a) has served and filed any answer, financial statement or net family property statement that these rules require; and

(b) promises in writing not to serve or file any further material for the next step in the case, except in reply to the answers or information obtained. O. Reg. 114/99, r. 20 (8).


LV
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Old 05-17-2006, 10:28 PM
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Mcbroke,

If you have msexcel, I have made up a simple calculator spreadsheet to calculate spousal support amounts using advisory guidelines - low and high end quantum and high and low end duration. For long marriages of 20 years and over, duration is indefinite by default with the advisory guidelines.

Pm me your email address if your interested, and I can send it to you if you like. The forum does not allow upload of ms excel files.

The calculator is just for "without child support situations." This is currently in the works.

LV
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Old 05-17-2006, 11:53 PM
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Quote:
Originally Posted by logicalvelocity
Mcbroke,

If you have msexcel, I have made up a simple calculator spreadsheet to calculate spousal support amounts using advisory guidelines - low and high end quantum and high and low end duration. For long marriages of 20 years and over, duration is indefinite by default with the advisory guidelines.

Pm me your email address if your interested, and I can send it to you if you like. The forum does not allow upload of ms excel files.

The calculator is just for "without child support situations." This is currently in the works.

LV
LV, that's really impressive that you've done that! If you wish, I can upload the spreadsheet on my site (with appropriate credit to you of course), and then people can download it from there.

Unfortunately, the forum software doesn't permit MS Excel files to be uploaded - not sure why that is, as most other formats are supported.
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Old 05-18-2006, 12:56 AM
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Jeff,

So far I have without child support obligations - where do I send it? It was a simple calculation.

the "With child support obligation" is in the works. I have to look up tax rates from Ontario. Perhaps expand it to include all provinces. I have to look up the cpp/and EI rates based on a gross number entered. The variable would be the individual other deductions such as health plans, LTDI deductions etc. These would vary to the individual requiring an individual entry. The other thing I have to research is the national child tax benefit amount. This is consistent but I believe it is based on age of child etc.

It took a few minutes to make the calculator after looking at the formulas used from the advisory guidelines I double checked the calculated values with the examples given in the guidelines. Just 3 entries to be made to give you the high and the low periodic values and determines duration.

lv
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