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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 04-10-2016, 07:16 PM
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Default HELP!!: STBX has moved her investments to another family member to lower income.

Hi community,

me and my 4 children have been leaving together for the past 4 months and everyone is much happier.

I just received STBX's 2014 NOA as part of her financials and its clear that she has moved all of her investments to another family member and is grossly under-reporting her income.

She has refused to pay a cent of C/S for the past 4 months.

How do I stop this ?! Help !!!

PND
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Old 04-10-2016, 07:43 PM
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do you have a court order for CS? If not then get one and go from there. If you have one then register with fro and let them deal with her.
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Old 04-10-2016, 07:50 PM
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Does she really have the $100k plus assets needed to generate significant investment income?
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Old 04-10-2016, 07:54 PM
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Quote:
Originally Posted by dinkyface View Post
Does she really have the $100k plus assets needed to generate significant investment income?
absolutely, and then some.
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Old 04-10-2016, 08:10 PM
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You have paper records of the investment before she moved the money? If so then don't panic.... it's traceable. You have to create a time-line is all. You can get a court Order for disclosure. Once you get an Order for support (you have proven she has the money) you let your maintenance enforcement agency go after her.

You don't know where she moved the money unless you were to see the other family member's records. Remember this. You can't make empty accusations. Everything must be corroborated.
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Old 04-10-2016, 08:24 PM
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thanks A. Breathing a bit easier.
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Old 04-10-2016, 08:41 PM
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You should be armed with whatever is required for FRO to do their thing (presumably a court order).

there are alot of cases on CanLii where people with major family assets (trusts... businesses) try to shirk their responsibilities to pay support.

I don't personally know how child support works but with SS you get around the people who hide their income (through family/friends) by getting income "imputed."

Self-employed people play this game frequently. Judges aren't stupid. Lifestyles and evaporation of "nest eggs" are questioned.

If your ex has family money then she has to explain the restructuring of the family assets.

Some of the best stuff a person can get is through mortgage or financial applications. People brag about their income when they wanna borrow money which usually comes back to bite them in the arse when they owe something.

Time consuming though... also remember that moving money one year doesn't show up until the next year sometimes and things are always in a catch-up stage. This is a tax advantage for many.... your ex very well might state this in her disclosure.
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Old 04-10-2016, 09:53 PM
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don't worry about it she is gonna get owned and the court will impute her a reasonable amount of earnings on the assets and consider that it is taxed less than employment income and also impute her employment income too

Arabian is right about the mortgage applications... I have read several cases where judges use that to slam people
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Old 04-11-2016, 11:03 AM
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Financial transactions are the easiest thing to trace. Banking records are stored and you can get them from court orders. As Arabian stated there are a number of financial records you can use to get really great evidence from.

Good Luck!
Tayken
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