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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 03-06-2014, 03:38 PM
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Quote:
Originally Posted by Winter View Post
I think that you need to amend your motion to request a fine for the non-disclosure. You could include the request in your SC brief and ask that the SC judge make an order to amend the motion to include the fine.

I wish more people included this request for fines in their motions.

Withholders are aware of how difficult/expensive the contempt process is and rely on this lack of consequence for continuing their behaviour.

If judges routinely handed out fines for nondisclosure, it will become very expensive very quickly for withholders. Fines are an excellent deterrent for this behaviour. One judge called nondisclosure the "cancer" of family law.
Thanks a lot for the advice. That's my frustration is just getting relevant disclosure from him. He's represented by a lawyer as well, and yet I still have nothing from him.

With SC coming up, I've read that it is strongly advised to make some sort of offer to settle, but without disclosure I'm not comfortable making an offer.
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Old 03-06-2014, 09:34 PM
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I brought a contempt motion for non-disclosure and won. He was ordered to pay a penalty of $5000 and was given 30 days to provide full disclosure as part of the penalty. That was 4 months ago and he hasn't paid, nor has he given disclosure. His pleadings were also struck.
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Old 03-06-2014, 09:36 PM
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I brought a contempt motion for non-disclosure and won. He was ordered to pay a penalty of $5000 and was given 30 days to provide full disclosure as part of the penalty. That was 4 months ago and he hasn't paid, nor has he given disclosure. His pleadings were also struck.
So, what is the next step? Do you file yet another contempt motion ?
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Old 03-06-2014, 09:41 PM
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That's the plan. He's also not paying his support. The courts don't do anything to him, so he just keeps pushing the boundaries. I'm hoping eventually a judge is going to get so pissed off, he has to do jail time. That's the only thing that will get him to abide with court orders
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Old 03-06-2014, 09:55 PM
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My lawyer always told me he could get all the orders I wanted but having them enforced is entirely another matter. Maintenance enforcement agencies seem to only focus on the wage earners because they are easy to enforce. All the agencies have to do is fill out forms and send them to the employer. Provincial agencies are only concerned about their quarterly collection statistics.

I hope you get some resolution. Write to your ombudsman and member of parliament if you don't get any action.

Hope your ex doesn't have more kids - many of these deadbeats do and more than one family suffers.
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Old 03-06-2014, 10:41 PM
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Quote:
Originally Posted by MS Mom View Post
Thanks a lot for the advice. That's my frustration is just getting relevant disclosure from him. He's represented by a lawyer as well, and yet I still have nothing from him.

With SC coming up, I've read that it is strongly advised to make some sort of offer to settle, but without disclosure I'm not comfortable making an offer.
In the absence of disclosure, make an offer that overestimates his income, in an amount you would be willing to live with. Even if you don't get it right, you've demonstrated that you were willing to settle, which can be important. He may accept the offer, in which case your ordeal is over.
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Old 03-07-2014, 08:13 AM
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KMF - May I ask you out of curiousity...

How long was your ex non-compliant with court orders before he was found in contempt?

How long did your contempt motion take? Was it ever adjourned to allow him time to comply?

How much did it cost you in total to get a finding of contempt? And most importantly, did the judge award you the total cost of those legal bills or merely a fraction of the real cost?
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Old 03-07-2014, 08:24 AM
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He was given his first court order to give us a long list of specific financial information in 60 days,back in May 2012. After that, he was given an additional 60 days, then 30 days, then another 30 days, etc. We finally filed to strike his pleadings. The judge did, but gave him another 30 days to hand over disclosure and at that point, he'd get his pleadings back. He didn't.

We then filed a motion of contempt, and for this he hired a lawyer. She claimed he didn't understand that he had to comply with that order (Umm...ok). The judge was unimpressed. He found him in clear contempt and he didn't award me any costs, but did give him the maximum penalty of $5000 and ordered him to provide all disclosure in 30 days. That was back in November. My lawyer followed up to remind him he had to pay the money and give disclosure. No reply. His lawyer dumped him.

I can't say what it cost me, because my lawyer knows my financial situation and doesn't really charge me very often. I think for this motion I paid $5000, but that's pretty much all he's charged me so far in two years.
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Old 03-07-2014, 08:35 AM
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So you appeared in court at least seven times ( first order, 4 adjournments to give him chances to disclose, motion to strike, then contempt motion)?

And were never awarded costs?

Wow. That's insane

I read these cases and cannot understand why family law judges are so lax about their very own orders. They don't take their own orders seriously, giving change after chance after chance to people who are obviously playing games. It ties up the courts, is insanely expensive and sets an outrageous example for others, encouraging them to do the same as there is little consequence for disobeying the judge
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Old 03-07-2014, 08:40 AM
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I wonder if you had simply asked for a fine the very first time like they did in the case I posted instead of seeking a contempt finding if it would have been faster and easier

Have you and your lawyer thought of requesting an ongoing fine for non-compliance? I read of that happening somewhere but can't remember the name of the case.

So for every 30 days that passes where he does not comply with the order and provide the disclosure, he is fined another $1000.
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