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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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  #11 (permalink)  
Old 09-22-2017, 12:49 PM
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She can ask for anything she wants, its what the judge orders. She would have a hard time arguing she requires bank statements.

Your response is simple: you have provided full and updated financial information every year by x date. You updated child support accordingly every year. You have paid more than you owe based on your noa and t1 (you could even calculate it out in a chart--owed, paid, overpayment if any). Then you say you want the motion dismissed with costs. Period.

Youre going to go to a case conference where a judge will sit you both down and go through it all. More than likely they will tell her that you arent liable for money she thinks you should be making. You were honest and up front about your income. Your property has no bearing on what your income was or what she thinks you owe. She sounds like my partners ex who feels that he should sell his house to pay her what she thinks he owes her!
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  #12 (permalink)  
Old 09-22-2017, 01:59 PM
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My daughter is now almost 21. I am paying on a temporary order right now, but my ex is not looking for a contribution for education expenses. My daughter got enough osap to cover her expenses for school and also works, so my ex just wants the retroactive for herself. I offered to pay the loan instead, but she just wants it for herself.
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  #13 (permalink)  
Old 09-22-2017, 02:03 PM
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Well technically your daughter is not expected to use her loan if it is going to create a financial hardship. You may want to look at the education costs AFTER her grants are subtracted and propose paying your proportionate share of the cost. It would go into your offer to settle if you choose to provide one.

You shouldnt concern yourself with her motives, it just drags you down the "not focusing on winning" path. Respond according to the law and your agreement and go from there. The onus is on her to prove you have been withholding info or purposely not meeting your obligations and it doesnt sound like you are doing what she says.
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Old 09-22-2017, 02:08 PM
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Sounds like his ex didn't pay her share for the post secondary education either rockscan. It's on the daughter, like it is in many still together families.

Would that count as agreement? I would think she wouldn't bring it up since she'd also have to cough up her %.

I wouldn't mention that part to the ex if she hasn't yet. Deal with that if it comes.

I agree with the rest of what you said. Don't concern yourself with her motives. Respond according the law and don't give any more than you need to.
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  #15 (permalink)  
Old 09-22-2017, 04:43 PM
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I also found out from my daughter that my ex has been renting her basement to a tenant for about 4 years. I have this information in a text. My daughter was ranting and complaining about her mom and money and said she receives rent from a tenant. My ex has not claimed this money ever. She also refuses to submit a full financial statement with income tax returns because she thinks she doesn't have to. Would this be something to bring up for a motion? Especially since she has been accusing me of hiding income?
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  #16 (permalink)  
Old 09-22-2017, 05:27 PM
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Quote:
But how do bank statements help this? Just because it's a deposit, doesn't mean it's income.
If there are more deposits than you are claiming for income, either the extra funds have an explanation or someone was lying about their income.
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  #17 (permalink)  
Old 09-22-2017, 05:31 PM
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Unless you guys had offset child support it means nothing. She can win the lottery and it wont matter. Your daughter should be demanding her mothers portion of school costs.
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Old 09-22-2017, 05:34 PM
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It should matter for her proportionate share of the costs shouldn't it? How would they know what percentage to make if she is making more income and not claiming it?
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Old 09-22-2017, 05:37 PM
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I have no deposits that are more than I've claimed other than cheques from income tax refunds, so it would suck to spend money on these statements just to prove that, but if I have to I will. She will spend hours going through hundreds of papers that will turn up nothing, so at least that would be funny lol.
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  #20 (permalink)  
Old 09-22-2017, 05:38 PM
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Also, I have hard evidence written by her daughter that she is making this rental income.
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