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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 06-05-2015, 11:42 AM
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Default Withdrawals from the bank

I separated in 2014 and am working with former spouse on a separation agreement. She is poring through bank statements going back ten years. She wants explanations for each withdrawal from an ATM. That's tough to do. I can account for some, but for most I can’t.

For the period in question both of us were gainfully employed. She is of the view that unless I can account for the money she'll charge me with fraud.

Do I need to defend/explain each withdrawal?

Thank you.
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Old 06-05-2015, 12:04 PM
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Is this business related?

If its all personal spending then it is considered joint and belonged to both of you. It wouldn't matter who spent what or when prior to separation.
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Old 06-05-2015, 12:13 PM
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The important information to exchange is the exchange of financial information Form 13 in Ontario.

Here is a link to the Forms in Ontario: Family Law Rules Forms — Ontario Court Services

What your finacial status was on date you became married (what you brought to the marrigae) both debt and credit. Then you look at your total financial situation at date of Seperation.

Look on this Forum for more info. There is lots of information shared here.

Like stated before if it was just personal then no you do not have to provide all that info. Unless you were moving money for yourself in anticipation of your seperation.

Occasional withdraws for casual spending do not need to be justified.
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Old 06-05-2015, 12:14 PM
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10 years is way to far. The CRA can only audit you for 7 years. Can she account for all of her withdrawls? Also the amounts in question have to be material. Will the police really charge you with fraud because you cannot recall why you took $40 out of the bank five years ago?

She's likely looking to see if you've squirreled away cash, or wants to trick you into saying that you went to a strip joint with the guys so she has an excuse to get mad.

The better comebacks would be something like "remember the time I took you out for dinner and paid cash?, or we went to the movies, or I saw our son when he was in university and gave him some spending cash."
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Old 06-05-2015, 12:17 PM
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adding - my one bro-in-law had an ex who cleaned out the non-registered accounts a few months prior to separating. Those kind of transactions are the ones that people are usually held accountable for. He never did recover the money, but the judge awarded him a disportionate (increased) share of the remaining matrimonial assets in compensation.
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Old 06-05-2015, 12:18 PM
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LOL at charging you with fraud. Unless you are talking about a corporation where you were both shareholders, or a business partnership, she can't do jack. And even if it was corporate funds all she can do is a complaint, but it is up to the police or tax authorities to determine if there sufficient reason to lay a charge. And given that the CRA has likely already reviewed your tax filings and not attempted to charge you, I'd say there is a good chance that they don't see any irregularities.

Let her say whatever she wants. She is just making threats to intimidate and create an unbalanced bargaining position.
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Old 06-05-2015, 01:23 PM
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Thank you for the responses.

To add, there is no business money. Nor, is there any change to the withdrawal pattern. There haven't been any spikes in withdrawals in the period before or after decision to separate.
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Old 06-05-2015, 01:36 PM
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So the ex is simply questioning personal expenses from your own chequing account? Yeah, tell her you can't remember or it must have been something relating to the house/family etc.
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Old 06-05-2015, 01:45 PM
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She's blowing smoke.

I gather this is a joint account. Then I guess the ones you cannot account are the ones she made and now both of you are going to be charged with fraud LOL!

The burden of proof lies with her; don't sweat it the dragon will stop once ignored.
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Old 06-05-2015, 05:46 PM
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Ridiculous. My ATM withdrawals go to my wallet. From there, I'd have no idea... the corner fruit market? library fines? transit tokens? I assume she is also poking at credit card charges? (outside of bills/taxes that cannot be pad via CC, CC is probably more than 98% of spending for me)

And as GM said ... who's to say those weren't HER withdrawals.
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