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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 10-08-2015, 10:06 AM
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Default Refusal to provide tax documents

Hi everyone. Need your help please. What can/should be done if one party refuses to provide tax/financial documents to another party?

Thank you.
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Old 10-08-2015, 02:05 PM
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Quote:
Originally Posted by Mother View Post
Hi everyone. Need your help please. What can/should be done if one party refuses to provide tax/financial documents to another party?

Thank you.
Does your agreement or order specify that you are entitled to receive copies of their tax returns?

If it does, you email the ex and point them to the clause in your agreement requiring this disclosure.

If it does not, you may have to file a motion to [update c/s?] and request financial disclosure.
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Old 10-09-2015, 10:13 AM
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Quote:
What can/should be done if one party refuses to provide tax/financial documents to another party?
Motion for disclosure.
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Old 10-13-2015, 11:00 PM
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Hey All,

So the ex refused to provide her financial disclosure when requested, and now she's asking for 65% of glasses for one of the children... at a cost of $180 (that would only be the 65%). I already pay 65% for other s.7 expenses for the kids so I'm not sure I can argue her there... though at this point an additional 200$/month on top of CS is getting to be costly...

She has already picked out the glasses and is demanding the money (even though in our separation agreement medical/educational/religious decisions are to be made jointly and I'm to have 14 days after being provided a receipt to pay... not to mention I'm to agree to all s7 expenses prior to purchase)... I'm not opposed to paying for glasses as the child needs them, just the manner she's going about this and the cost seems ridiculous, I wouldn't pay that for my own pair... do I have any rights in this?? Is $250 for a single pair of kid's glasses normal??
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Old 10-15-2015, 09:04 AM
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Does the $250 include the cost of the eye exam? Those normally run $100. $250 for glasses isn't bad nowadays. Frames aren't cheap and getting decent lenses can drive up the cost a bit.

Optical/glasses is a s7 expense, so you would pay your proportional share like any other expense. So if your proportional share is 65%, than that is what you are obligated to pay. But you are not obligated to pay it until the ex has incurred the cost and provided you with a copy of the receipt. If the ex demands payment up front, advise her that is not how it works. That you will gladly reimburse her once she has incurred the costs and subject to any insurance coverage you each may have. Because if either of you have insurance that covers a portion of the $250, than she really isn't out $250. She is out the amount that insurance won't cover, which you pay 65% of.
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Old 10-15-2015, 09:25 AM
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The 250 is just for the glasses, turns out she picked 169$ Nike frames for our 6 year old... which I think is ludacris. My issue is that she went ahead and bought them without discussing with me first as per our separation agreement. Frames average 84$ online... brand name frames are unnecessary in my opinion so can I give her 65% of the average going frame price instead since she violated the separation agreement?
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Old 10-15-2015, 10:38 AM
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You could email and let her know you are happy to contribute your proportionate share once that has been calculated based on her financial disclosure and ask when you can expect to receive that.

As well, remind her that as your consent to the expense is required prior to incurring the expense, moving forward you will not be contributing to any expenses that you have not agreed to in advance of incurring said expense.

And leave it up to her to provide the financials. If she doesn't, simply stop responding until the information is provided.

Going back and forth on it will get you nowhere, let her be her own roadblock. Once she realizes that you won't respond on this topic anymore without her disclosure she may produce it.
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Old 10-15-2015, 10:56 AM
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Quote:
Originally Posted by RLT View Post
The 250 is just for the glasses, turns out she picked 169$ Nike frames for our 6 year old... which I think is ludacris. My issue is that she went ahead and bought them without discussing with me first as per our separation agreement. Frames average 84$ online... brand name frames are unnecessary in my opinion so can I give her 65% of the average going frame price instead since she violated the separation agreement?
I get that, but you can't turn back time. The cost was incurred, and it is a legitimate s7 expense.

However, do either of you guys have optical coverage through your work? If you do, the $250 should be run through the insurance first and than the remainder split proportionally.

You should also request financial disclosure, but I wouldn't allow her withholding it to delay payment. Should the ex balk and not provide it, you file a motion as OrleansLawyer pointed out. If the ratio's have changed, than you can ask in your motion to be reimbursed for any over-payments made since the change in s7 expenses. Use this as an example that you asked for disclosure prior to the expense being incurred, and paid proportionally on that prior ratio. That it was no longer correct, the ex should have know it was no longer correct, and had an obligation to update the ratios according.

Edit - the reason I wouldn't allow her failing to disclose her finances to delay payment is that two wrongs don't make a right. And that a judge would be upset at both of you for the gamesmanship, vs. just the ex if you pay.
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Old 10-15-2015, 11:10 AM
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Quote:
Originally Posted by RLT View Post
The 250 is just for the glasses, turns out she picked 169$ Nike frames for our 6 year old... which I think is ludacris. My issue is that she went ahead and bought them without discussing with me first as per our separation agreement. Frames average 84$ online... brand name frames are unnecessary in my opinion so can I give her 65% of the average going frame price instead since she violated the separation agreement?
I don't think anyone would consider that Mom has violated the separation agreement. Kid needs glasses for medical reasons and you are responsible for your share of the costs, there's no question about whether this expense is legitimate S7. Mom's purchase is also reasonable. Fom experience I can tell you that $169 for frames isn't too high - for an active child, you don't want to go cheap because bargain-basement frames will break as kids are rough on them (ending up more expensive in the end if you have to replace them). My daughter's frames cost about $200.

In any case, the amounts of money spent here are small. Mom paid $169, you think she could have gotten away with $85. If your share is 65%, the difference this makes to you is at most $55. $55 of wiggle room on a legitimate S7 expense is not the hill to die on. I'd pay this (after receiving receipts from Mom), with a reminder that in future you would like to be notified in advance when Kid needs new glasses.
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Old 10-15-2015, 09:49 PM
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I was just reading through today's CanLii and came across this decision from Alberta.

https://www.canlii.org/en/ab/abqb/do...15abqb648.html

Judge says it quite well:

[64] Designer eyeglasses may be in a unique category, as adequate glasses may well be available from department stores, big box stores and discount dispensers at a much smaller cost than through some optometry clinics. Again, a parent who spends a large amount on designer eyeglasses without consultation may have difficulty recovering the full amount. However, prescribed eyeglasses should fall within the same category as routine dental care: submit the bills and get prompt repayment.

In the same case I particularly like the judge's comments:

[79] To TT, I would ask, what is your problem? You make nearly $100,000 per year and are making your ex go to court to collect your share of monies she has paid out so your children can learn to swim and see properly. Just because you don’t like court orders, or the Child Support Guidelines, doesn’t mean you can ignore them.

and then later:

90] Recreational litigants waste publicly funded court resources when they ignore the foundational Rules of Court:

Last edited by arabian; 10-15-2015 at 09:57 PM.
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