Non-Compliance vs. Contempt Question

[momto3]

My ex is in contant non compliance of every court order. I got a court order in june 2010 that he is to get an income valuation to be done by a certiftied income valuator and he is to pay, I have taken him back 2 times and both times he was told to comply and still has not. At that same motion he and his father were ordered to provide me with an original copy of the agreement of purchase and sale of our matrimonial home or a signed direction to a 3rd party within 10 days so that I could go to any other party to get the document. He has so far failed to provide this even with multiple requests. In November 2010 he was ordered not to dispose of anything that was worth in access of $1000, I just found out yesterday after doing a title search that he transferred a property into his dad's name a month after this order.
When do the courts step in to protect me against this complete lack of regard for court orders. I have to take him back for motion but do I say he is in non-compliance or is he actually in contempt for transferring the property against the order?

Thanks

[Tayken]

Originally Posted by momto3

My ex is in constant non compliance of every court order. I got a court order in june 2010 that he is to get an income valuation to be done by a certified income valuator and he is to pay, I have taken him back 2 times and both times he was told to comply and still has not. At that same motion he and his father were ordered to provide me with an original copy of the agreement of purchase and sale of our matrimonial home or a signed direction to a 3rd party within 10 days so that I could go to any other party to get the document. He has so far failed to provide this even with multiple requests. In November 2010 he was ordered not to dispose of anything that was worth in access of $1000, I just found out yesterday after doing a title search that he transferred a property into his dad's name a month after this order.
When do the courts step in to protect me against this complete lack of regard for court orders. I have to take him back for motion but do I say he is in non-compliance or is he actually in contempt for transferring the property against the order?

Thanks

Well, the title transfer doesn't do him any good. In fact, it just demonstrates he is an idiot. Great evidence to have in hand. Even if he transfered the property it was still in his name at the date of valuation.

My recommendation is to get a good solicitor and move forward on some of the evidence you already have.

I wouldn't go with "contempt" as it is quasi-criminal. Non-compliance and a good request for relief (and costs) should do it.

Form 20 is your friend for getting information. Read up on it. Use it. There is no "privacy" before the court. It is a public system. All financial records are part of the "full and frank" financial disclosure required.

The title search you have is great cogent evidence.

Good Luck!
Tayken

[NBDad]

I got a court order in june 2010 that he is to get an income valuation to be done by a certified income valuator and he is to pay.

Return to court and force the issue again. Request costs. Request that certain assets of his be seized and sold to cover the costs unless he complies.

At that same motion he and his father were ordered to provide me with an original copy of the agreement of purchase and sale of our matrimonial home or a signed direction to a 3rd party within 10 days so that I could go to any other party to get the document.

Get the judge to order him to sign the direction at court. Have it drawn up and ready to go needing JUST his signature.

He has so far failed to provide this even with multiple requests. In November 2010 he was ordered not to dispose of anything that was worth in access of $1000, I just found out yesterday after doing a title search that he transferred a property into his dad's name a month after this order.

Keep that proof. Then request the asset be valued, and have it seized and sold.

[financial woos]

Form 20, fill me in, mine has refused to follow any court order and has not provided any true document yet. I have provided actual to my lawyer of his income and rrsps, proof he never paid anything for the past 4 years. He racked up debt but hid all income, He breached the restraining order police wouldnt do anything, he refuses to comply with the last 2 orders one was to sell home and another to produce all his financial records. Were still waiting and he wont comply or pay, changed lawyers stall tactics ect.