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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 04-24-2014, 11:47 AM
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Well it sounds like you are starting on the next phase of your life. Hope things go smoothly for you and you can get through everything in a relatively short period of time.

Keep in mind that one's assets/equity can quickly be eaten up by lawyer's fees. Sometimes it makes good sense to concede on some matters.
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Old 04-25-2014, 09:51 AM
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The lawyer's fees are unreal.

I have attached my income tax papers to my financials but he has conveniently attached his pay stubs instead of his tax info.

Is there any way I can ask the judge to order this disclosure. The ex is being very difficult with respect to any disclosure.
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Old 04-25-2014, 10:04 AM
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did you say in an earlier post that you filed taxes together? Did you not keep a copy of his tax return?

Yes you certainly are within your rights to request full financial disclosure. Every time you go to court for this sort of thing make sure your lawyer requests costs. A simple letter from your lawyer to his lawyer requesting full financial disclosure along with, but not limited to, tax returns for past 4 years would suffice. Lawyer should give opposing counsel 10 days to produce and say if he doesn't comply he will seek costs.

Keep an eye on your lawyer's bills (make sure you get detailed bill each month) to ensure your lawyer is making good use of time.
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Old 04-26-2014, 04:08 PM
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Looking at this situation in retrospect I feel foolish. After we officially separated I threw out all his junk that he left behind. I just didn't want any reminders of the past hanging around. DUMB MOVE!!!!!!

I threw out photgraphs and paperwork. These items would have been priceless during litigation. I had no idea that he would move up the v-day.

I phoned our former accountant but he wont release his returns because of privacy laws. Understood. I feel like such an idiot! However the accountant did say that on my return it states I am married and the ex appears as my spouse. I hope that is enough to convince a judge to make said order.
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Old 04-26-2014, 06:09 PM
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Quote:
Originally Posted by wantmyfreedom View Post
However the accountant did say that on my return it states I am married and the ex appears as my spouse. I hope that is enough to convince a judge to make said order.
Well, it sounds like that's all you need. If you and the ex were filing as married up to this year, then either

a) you separated in 2007, and you and the ex have been deceiving CRA for seven years for no apparent reason

Or

b) you separated in 2014, and the ex is trying to move the valuation date back so he doesn't have to pay as much to buy you out.

I would say the evidence points to a. Don't stress about this one - it's a no-brainer.
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Old 04-29-2014, 08:40 AM
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I hope that was a typo and you meant B.

Along with our joint credit cards which were being paid. He suddenly stopped paying them this year and closed the account.

Stopped paying the utilities on the house this year as well.

Refuses to pay child support and has forced the sale of our home.

Then he has the nerve to ask for his spare car keys, tools, snowblower, and bbq back in his court papers.

R ya kidding me?
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Old 04-29-2014, 09:19 AM
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Quote:
Originally Posted by wantmyfreedom View Post
I hope that was a typo and you meant B.

Along with our joint credit cards which were being paid. He suddenly stopped paying them this year and closed the account.

Stopped paying the utilities on the house this year as well.

Refuses to pay child support and has forced the sale of our home.

Then he has the nerve to ask for his spare car keys, tools, snowblower, and bbq back in his court papers.

R ya kidding me?
If he is no longer in the house, he doesn't have to pay utilities. One of the first thing people are advised to do is close all joint accounts, so him closing the joint credit cards, that was the smart move. If they are in his name, even if you have a card, he is responsible for paying their debt, he would be silly to risk you running up the balances. I am not saying you would do this, but it does happen. If you cannot afford to buy him out, he has every right to force the sale of the house. He should be paying CS if he has left the mat home, that will be a slam dunk for you.

As for the spare car keys, tools, snowblower and bbq, is it really worth fighting over? Why wouldn't yo give these items back if they are actually his? That is spiteful and won't help you any. I know it may not be what you want to hear, but besides not paying CS, he did the right things by closing joint accounts and not paying for utilities in a house he doesn't live in.

I don't think you will have an issue with the valuation date, especially with your tax returns showing married, but from here on out, what happened in the past doesn't matter, there are laws set in place and you will have a much easier time if you follow the rules. Let him try to argue the v-date was in 2007, I wouldn't waste your time on it.
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Old 04-29-2014, 09:40 AM
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Quote:
Originally Posted by wantmyfreedom View Post
I hope that was a typo and you meant B.

Along with our joint credit cards which were being paid. He suddenly stopped paying them this year and closed the account.

Stopped paying the utilities on the house this year as well.

Refuses to pay child support and has forced the sale of our home.

Then he has the nerve to ask for his spare car keys, tools, snowblower, and bbq back in his court papers.

R ya kidding me?
Its pretty standard that join accounts are closed. What you have to be concerned about is knowing the actual date of separation, which will determine the value of the assets and debts to be split.

And why should he pay utilities on the house when he gets no benefit from them.

He should pay child support, and you should be seeking this, it is the right of the children. You can go to court to get it if he refuses. Mysupportcalculator.ca will give you a rough idea of how much.

As for his spare keys etc., I think you have to look at them individually. You have no need for his car keys, so why fight. The tools, do you need them to maintain the home? Or does he need them for his work? Did he buy them for himself or for for joint use. The snowblower and BBQ, that could be either way.

In any case, document the fact he asked for them, and that you gave them back and on what date. You can use that as part of the proof that separation was in 2014. Not many people would leave those items in homes they don't live in....
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Old 04-29-2014, 10:48 AM
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Quote:
Originally Posted by wantmyfreedom View Post
Along with our joint credit cards which were being paid. He suddenly stopped paying them this year and closed the account.

Stopped paying the utilities on the house this year as well.

Refuses to pay child support and has forced the sale of our home.

Then he has the nerve to ask for his spare car keys, tools, snowblower, and bbq back in his court papers.

R ya kidding me?
I'd be happy to return all his personal belongings in exchange for his agreement that 2014 is the separation date, and him starting to pay CS.

Or, I'd be happy to return all his belongings now that he has given more proof that 2014 is the separation date. Now you have the date of credit card closure and the switch to utilities being in your name as extra documentation for proof.

Get interim CS going though. Can you afford the house on your own?
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Old 04-30-2014, 09:36 AM
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Thanks for the replies. The only issue I am focused on is the separation date. I am more confidant now knowing that I have the documentation to support the facts in my case. Thanks to all of you pointing out the obvious.

Nobody is stopping this dude from picking up his belongings. The stuff was left here. The plan is that I am going to leave it all here when I move out.

I dont play games. I have bigger fish to fry like child support, equalizing, and my hefty legal bill. Legally he doesn't have to pay for any utilities and that is why I am paying for them. You're right, he is not benefiting from them but his kids are.

Trying to get the interim child support going but he earns the bulk of his income through cash tips. Obtaining financial disclosure was like squeezing a stone to drink water. He low balled all the equity in our home and investment property. Lied about everything.

We are currently going through examination and discovery. I have to vacate my home now with no support orders in place. My savings are drained and the kids and I will be homeless in a couple of months.
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