Family Law Rule 19 and 20

[lorlaman]

I cannot be certain if the Ex's lawyer can force me to provide an updated financial statement, simply on his request and citing Family Law Rule 19 and 20. There is no motion before the court however, he is demanding the statement to prepare for a settlement conference. I have provided a statement in the past for our case conference.

Any input?

[ddol1]

someone may add with substance quoting the "rule" but if you read the documentation regarding the disclosure of your financial affairs must be made to be within 30 days of the hearing. I am doing my first one of what I am told will be many so maybe it is worth using the electronic version so making minor updates would be a non issue.

But as I typed this - does your ex suspect something, or are they trying to catch you on producing an error which then in turn will cause you credability problems??? - Just a thought.

[limer]

Rule 19 and 20 has nothing to do with financial disclosure. It's covered more descretely under Rule 13: Clause 11 I believe. If your financial statement has not changed since the last time you filed, you can simply write an affidavit using form 14a: affidavit general stating there are no significant changes or you can list the minor changes.

It's important that you do one or the other before the settlement conference as a judge will not look kindly if you don't file something.

[lorlaman]

Thanks for your response, however, I do not have a court date set as of yet. The OP lawyer, has demanded an updated financial statement based on rule 19 and 20 to move forward towards the settlement conference. I agree that rule 13 is specifc to the FS, however he is noting 19 and 20 to get me to disclose to him. Not much has changed in 9 months since I filed the original. I just need to make sure if I ignore him until a motion is filed and rule 13 kicks in, he doesn't come after me or use it against me in court. I am self representing.

[Tayken]

Originally Posted by lorlaman

I cannot be certain if the Ex's lawyer can force me to provide an updated financial statement, simply on his request and citing Family Law Rule 19 and 20. There is no motion before the court however, he is demanding the statement to prepare for a settlement conference. I have provided a statement in the past for our case conference.

Any input?

Yes they can under Rule 20 if you are before the court. Commonly done all the time. If you have been served a Form 20 you should respond to it unless it is an unreasonable request or you will be finding yourself in front of a judge and paying costs.

Until there is an active file (application) before the court there isn't much that can be done. But, be careful. Someone who knows about Rule 20 (which many solicitors do not know!) has knowledge about how the process works. You could find yourself quickly at a case conference with the past Form 20 attached and a request for a technical order for financial disclosure in accordance with the Rule 20 request. It will probably be granted at a case conference too.

Rule 20 is very miss understood and VERY useful when there is an active application.

Good Luck!
Tayken

[lorlaman]

Thanks Tayken
I did not get a form 20. All I received was a demand for a financial statement update citing rules 13, 19 and 20. No pending motion in court, no trial. The next step is a settlement conference. I am not trying to avoid the FS, but I believe the lawyer is just trying to coerce me into supplying one and if I do, not his fault I did; I am self rep so not his business if I do not know the law.

BTW, she is paid cash for her work (my ex) and does not report all her income, as well, she has grossly overstated her expenses without any back up. Any way I can demand an audit?

[Tayken]

Originally Posted by lorlaman

Thanks Tayken
I did not get a form 20. All I received was a demand for a financial statement update citing rules 13, 19 and 20. No pending motion in court, no trial. The next step is a settlement conference. I am not trying to avoid the FS, but I believe the lawyer is just trying to coerce me into supplying one and if I do, not his fault I did; I am self rep so not his business if I do not know the law.

BTW, she is paid cash for her work (my ex) and does not report all her income, as well, she has grossly overstated her expenses without any back up. Any way I can demand an audit?

FYI: Stating the Rule is technically as good as using the From. Using the Form is a much stronger statement as it notifies the person getting it they have 20 days or find themselves up for a motion or questioning (discovery).

You have an application before the court (case conference starts it all off from a Form 8). My recommendation would be to gather up what you want as financial disclosure and make a Form 20 request yourself and serve it. You don't have to serve it with the court, you can just courier it over to the solicitor on the other side.

You should respond to their Form 20 request. It is going to be attached to the case conference brief and it will be ordered at the case conference. Financial disclosure is a technical request that a judge can order at a case conference without consent. You may also find yourself paying costs for not responding.

Actually, just to warn you as a self represented litigant you ARE expected to know the law. You don't get a free ticket to ride in court as a self represented litigant. You should be reading the rules and understanding them. Don't count on a judge helping you out... They can't.

Good Luck!
Tayken

[Tayken]

Originally Posted by lorlaman

BTW, she is paid cash for her work (my ex) and does not report all her income, as well, she has grossly overstated her expenses without any back up. Any way I can demand an audit?

You can craft up a Form 20 that outlines this request for information.

Basically what you want to ask for is all her financial account information for the past 3 years. All bank accounts.

What you are looking for is the cash deposits and the pattern of deposits.

If you have a lot of money you can always request a technical order for a forensic accountant to be retained to do both parties financial statements and provide a view to the court on your incomes. (Very expensive... Some times 250$ an hour for these people I think.)

Unless you both make over six figures, fighting about money in court only ends up negative for both parties.


Good Luck!
Tayken