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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 03-20-2014, 09:42 AM
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Quote:
Originally Posted by Berner_Faith View Post
Vacations- How can you prove he paid for them?

Website- How can you prove he was a member and paid membership fees?

Real Estate - How do you know he still holds the title on the house and not just the mortgage?

Loan - what proof do you have that it is "mysterious" and why does it matter?

RRSP - Why does it matter that his RRSP contributions are low?

High Mortgage- so we remortgaged after the divorce? So what? What does that mean to you?

Real Estate/Vehicle - Are their values so significant that his -$260k net worth is going to be positive?

A lot of the things you are mentioning mean nothing. They may mean something emotional to you, but relevance wise, they means little to nothing.

What are his terms of repayment? You have to remember going to trial over this is going to cost you money too and there is no promise you will win. What happens if it is in his favour and then you are ruled to pay his court costs?

Unless you have HARD evidence that he is hiding income or living above what his reported income is, this could prove to be expensive for you. Are you familiar with cases that it was ruled that no retro expenses were owed because it would be seen as strictly a transfer of wealth from one parent to the other? How old are these expenses we are talking about if you want a lump sum of $5000 and then monthly payments for the next 5 years...
Vacations- No, I don't not have "Proof" that he paid. I have FB post's and he went alone. I know that he paid, but I see what you are getting at. My word alone is not enough.

Website- Again, I am not privy to his bank statements but I do have print outs from the site with his photo. I know its not a free site, but again....

Real Estate- I can do a title search for the matrimonial home. IF he is on title why is that not considered an asset?

Loan- Its over 30,000 for a vehicle. There is no vehicle. He owns 3 and the value of those is less than 20k. He also indicated that he is not making payments on that loan.

RRSP- I do not believe that he only has 20,000 in total in RRSP's. For over 30 years of work and looking at his tax returns he socked away 16,000 in the past 6 years alone. Its a fair question I think. I have had to cash in RRSP's! I dont have the luxury of contributing to them. I want proof that he is telling the truth. Kids first savings after...

High Mortgage- Whats to stop him from writing down 600,000 for the mortgage to trump up his debts? I truly doubt that the mortgage is gone up that much especially with his income. It makes his debts look higher than they truly are.

Real estate/Vehicle- Yes this would bring his net worth up. A market analysis of the homes in the neighborhood are averaged at 400k and up.

I now understand what you are talking about when you say "Hard Evidence". I appreciate the wake up call from everyone. I know he is lying. He prides himself openly on that trait. This is a game to him.

The arrears are starting from 2012 when there was a change in living arrangements. There has never been a court order for CS payments.
I started the application when he kept refusing to pay. He and his lawyer, in the minutes of settlement, drafted up that this will NOT go through FRO and that the respondent will pay on good will. Plus he wanted 18 years to pay the arrears because his client could not afford more that 150 a month.
Nothing was signed so we are off to trial.
As Arabian mentioned, NOA's and Form 13 should be a good indication......it should be if he was honest on his form 13.
Under Rule 13 (11) (a) I can ask for additional information of the other party...
I dont want to beat a dead horse here but bottom line is his form 13 is not honest. The only way to "prove" it is ask for the additional info. Am I wrong here?
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  #12 (permalink)  
Old 03-20-2014, 09:53 AM
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Sorry, it was FB that mentioned the NOA's and Form 13....Arabian thank you for the website info. That is new to me and I am sure will be helpful going forward
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  #13 (permalink)  
Old 03-20-2014, 09:59 AM
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In order to do this you need to come up with a very detailed analysis of his financial information.

He says he doesn't own the house. The mortgage papers should show who owns the house. If that doesn't work do a title search.

The tax return is also a good place to start. As you said he has put away $X into RRSP's each year. Yet he doesn't have RRSP statments that show those contributions. You ask for them. Once you get the account number you ask for a recent statement.

The problem is he might not actually have any money. He may be increasing his debt monthly to attempt to continue to live the way he was and on one income he might not be able to do it.

He's going to be out of luck on the child support. Also both parties must agree to withdraw from FRO he doesn't get to say he's not. That would kind of defeat the purpose of FRO. My ex and I agreed not to go through FRO but as soon as we had a court order we were automatically entered with FRO. We then had to each sign withdrawal forms.

If he is claiming something on his expenses you have every right for proof of that expense.

Also the court is NOT going to tell him to sell an asset to pay you. They don't have that power.
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Old 03-20-2014, 10:02 AM
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My ex provided a financial statement - it included a house he no longer owned, a job he no longer worked at and debt that was paid off. Furthermore, it was attested in our city by his lawyer, in October. The ex left the country in August and hasn't returned.

The ex had sold his home 2 months before the date of the financial statement, he'd left the country 2 months before the financial statement and purchased a new home 2 months before the financial statement.

I pointed all of this out to the judge in court and she didn't care. Not only was it all bs, outdated info, his lawyer signed it, attesting to the fact that he was in the Region on that date.

I don't believe there is a choice to opt out of FRO, even if your agreement states so. FRO is there to enforce the financial aspect of the agreement. If he isn't making payments according to the agreement, I'd file with FRO and have them enforce it.

If you have a solid arrears amount in minutes of settlement, let FRO sort out the repayment. Getting the arrears agreed to is the hard part, and that's done.
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Old 03-20-2014, 10:41 AM
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Quote:
Originally Posted by MS Mom View Post

I don't believe there is a choice to opt out of FRO, even if your agreement states so. FRO is there to enforce the financial aspect of the agreement. If he isn't making payments according to the agreement, I'd file with FRO and have them enforce it.
There is an option to opt out of FRO, but it requires both parties to consent in writing. My agreement stated we would not go through FRO, and we wouldn't have if my ex hadn't changed her mind two weeks later. Actually I don't believe she changed her mind at all, I'm thinking she had that in mind all along, but knew she could unilaterally ask for the agreement to be administered by FRO at any time, so the words in the SA were meaningless.
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Old 03-20-2014, 10:46 AM
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Quote:
Originally Posted by Sinkingfast View Post
I now understand what you are talking about when you say "Hard Evidence". I appreciate the wake up call from everyone. I know he is lying. He prides himself openly on that trait. This is a game to him.
The judge didn't accept what you pointed out at trial, because you didn't prove it. What you "know" and what you can prove are two very different things. If your ex has a sworn and witnessed statement, you need documents that show otherwise, not conjecture. Judges will not overturn rulings based on theories, even if they are sound theories.
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Old 03-20-2014, 11:06 AM
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FB- that gave me a completely new way of looking at this...he makes good money. This day and age 150k a year does not make you Upper Class, I realize that, but he does ok for himself.
He made it impossible to sign the Minutes because of the pull out of FRO, the 150 per month and nothing noted regarding special expenses.
He has stalled, delayed and thumbed his nose at the system all the way. He is use to getting away with things....and trust me If my daughter wasnt going to University this year I would have given in and left it alone...but
I will be sending a request to his lawyer for clarification on specific things on his form 13. My understanding is if i do not hear back in 7 days I can motion for that info to be provided.

MS MOM-The Minutes of settlement was only signed by my ex and not by me because of the reasons stated above. Even though his signature is on that paper and the arrears amount is there, without my signature , I've been told that paper is now worthless.
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  #18 (permalink)  
Old 03-20-2014, 11:10 AM
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Quote:
Originally Posted by Sinkingfast View Post
FB- that gave me a completely new way of looking at this...he makes good money. This day and age 150k a year does not make you Upper Class, I realize that, but he does ok for himself.
He made it impossible to sign the Minutes because of the pull out of FRO, the 150 per month and nothing noted regarding special expenses.
He has stalled, delayed and thumbed his nose at the system all the way. He is use to getting away with things....and trust me If my daughter wasnt going to University this year I would have given in and left it alone...but
I will be sending a request to his lawyer for clarification on specific things on his form 13. My understanding is if i do not hear back in 7 days I can motion for that info to be provided.

MS MOM-The Minutes of settlement was only signed by my ex and not by me because of the reasons stated above. Even though his signature is on that paper and the arrears amount is there, without my signature , I've been told that paper is now worthless.
You need to understand that a judge can't order him to do things he doesn't want to do. He WILL order support. You just need to prove the support. Collecting it are two very different things.

If you have agreed on the amount of support. The amount of arrears and the amount of Sec 7 you are most likely completely wasting time and money going to trial.

Let FRO enforce the arrears and support. He can disagree with FRO all he wants it won't change anything.

I would seriously reconsider what you are seeking as you are on an almost impossible mission to prove something you have no evidence of proving. Get the support orders and let FRO deal with him.
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  #19 (permalink)  
Old 03-20-2014, 11:12 AM
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Good luck to you. I deal with an extremely difficult ex and if I can get him to agree to the arrears I'd consider myself a winner in. Going to court over a repayment schedule is really silly in my opinion. You're delaying receiving anything in the way of arrears. I would have agreed to the total amount, filed with FRO and let them deal with a repayment schedule.

My hubby went to court, agreed to his arrears and a $300/m repayment schedule. FRO is enforcing it at 50% ANYWAY - despite the agreement made in court.
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