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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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  #21 (permalink)  
Old 01-16-2017, 07:32 PM
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I was waiting for you Orleans! Do you think I can get a certificate for a lien, even if we were never married or common law?

He's sold two houses, out of his three, over the past year. He had not provided financial disclosure at all. Do you think this would be enough proof to get the lien?

He told me on the phone he would leave one time, and I didn't record it properly... All you can hear is me talking
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Old 01-17-2017, 05:36 AM
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Morning;

I know you can file an "Emergency Motion". Which could be heard within two weeks. (had one filed against me). Also about money ironically.

This would get the ball rolling. That said, I had submitted financials etc. If he hasn't, it's your word against his. Leading to an audit. Which is expensive.

I'm almost thinking, if he's started selling assets, he would have moved his money off shore. If it's over 100k pretty easily done. Many banks have branches in safe locations outside of Canada.

Being honest, I'd start thinking of worst case scenarios.

Take care,
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Old 01-17-2017, 06:02 AM
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I've had the oddest change in circumstances. He kept my baby as a dirty little secret. I threw a temper tantrum a few weeks ago.... I told everyone in his family this baby exists. He had a family member who wants the meet the baby. I was very nervous of a setup of somesort. Yesterday, his gf/ex-gf, whatever this girl is, sent me a series of emails telling me this was my fault blah blah blah and to not punish him for my mistakes (punish=pay child support). First off, she needs to get her facts straight. I mentioned this to the family member. The family member right away said they only recieved info from the gf second hand, it was vicious and just rumours as far as they were concerned.

If he found out this family member wanted to meet the baby, he'd have an absolute fit. I'm thinking if he's planning on leaving, this family never wouldn't be teaching out, logically?

He's currently sitting in Turks and Caicos. I believe he was in Maine last week. He can very very very easily be setting up alternative bank accounts...
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  #24 (permalink)  
Old 01-17-2017, 09:59 AM
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Quote:
Originally Posted by OrleansLawyer View Post
Litigation certificate (lien) on real property or investments can help protect your claim pendente lite.
Can you get a lien on property that you do not partially own to satisfy a support claim?

Someone here had claimed that it was not possible.
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Old 01-17-2017, 12:48 PM
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Quote:
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Can you get a lien on property that you do not partially own to satisfy a support claim?

Someone here had claimed that it was not possible.
It is possible. FRO does it all the time. But, it is FRO that does it. Mostly, they only put liens for arrears and not the future payment of child support. You need an order that states the arrears. They have to go through the standard collection paths and as a last ditch effort they can lien property and bank accounts.

But, by the time they usually get to those steps all assets are gone or moved usually.

My recommendation would be to request the court make an order for a lien for the arrears and an order to secure the future child support as well. Again, you need a long motion generally to get something like this done. The courts don't generally make these orders without significant supporting evidence.

Good Luck!
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Old 01-17-2017, 12:49 PM
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Thank you
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  #27 (permalink)  
Old 01-17-2017, 01:11 PM
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Quote:
Originally Posted by Bellbaby View Post
He's currently sitting in Turks and Caicos. I believe he was in Maine last week. He can very very very easily be setting up alternative bank accounts...
You have to have a lot of money to pull this off. Is the other parent in the matter's income 250,000+ year or do they have holding assets from something that produces a really high income?

Generally, CS is based on "income" and not "assets". If they are self-generated assets from personal income (like a business) then the "income" is what determines the CS.

For example: If the person had 2 million in the bank and making a modest 5% a year. This 2 million was the result of a sale of some product they invented. They would be generating 100,000 a year in "income" from this investment. Only the 100,000 is eligible for CS. Which is only $880 / month. Why run? It is only 10.56% of the income. I am sorry but, 10,560 won't bankrupt anyone making 100K a year in interest!

The real question is why run?

Even at 650,000 a year we are only talking $4,963 a month is CS. Or 9.16% of the income.

Honestly, the rich rarely (if ever) run from child support payments. Why would anyone screw up their residency, investments, etc... To avoid paying 10.56 - 9.16% of their income? The cost to move money is very high. Just the sale of a home in the GTA would eat up YEARS of profit in commissions and legal fees to do so!

Realtors are taking 5% of the sale, lawyers are taking thousands in legal fees... You are losing the opportunity to continue growing this asset.

It just doesn't make sense to liquidate your holdings to avoid paying CS.

Case law is hard to find on this because people who have money are generally smart enough (or have someone employed who is smart enough to tell them) to pay CS and not screw up their investments to save 10%. Especially if they hold real estate that is seeing a 15% year over year increase in the market!

Good Luck!
Tayken
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  #28 (permalink)  
Old 01-17-2017, 06:48 PM
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Quote:
Can you get a lien on property that you do not partially own to satisfy a support claim?

Someone here had claimed that it was not possible.
As long as it is owned by the person who owes you money. It is not very common in family cases because people either do not believe their ex will flee with substantial assets or else they already have done it.
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  #29 (permalink)  
Old 01-17-2017, 07:50 PM
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This guy doesn't even have substantial assets. He has substantial debt.
Yearly salary (pilot) $110,000 + $2000/yr raise
Additional $10,000 per year rental income
Sold one house, not sure of profit but I expect minimal, under$50k
Sold second house, profit $225k
House currently owns, stands to profit $400k if sold
Debt - $50k Royal Bank, sued in civil court
Debt - $5k MasterCard, sued in small claims
Debt - $50k Scotia line of credit
Possible additional $50k line of credit, $10k credit card, and I was told verbally $5k owed to ex/current gf
The gf is higher than him in aviation and could help him leave. It's just the opportunity is right there...
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Old 01-18-2017, 08:08 AM
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High probability that the other parent is not going to run. They are probably paying off debts through the sales of the homes.
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