Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 10-02-2011, 05:48 PM
Member
 
Join Date: Apr 2010
Posts: 88
informedmom is on a distinguished road
Default Chasing tax information - is it worth it?

This year, my ex has decided that at T4 should be sufficient income information despite my request for his tax return and NOA. To this date, he is telling me that I will get the information when he has it (he claims he has not yet filed).

What is the best process for getting this information? Given he has provided a T4, is it worth going the legal route to get it? Any suggestions that won't cost me an arm and a leg?

By the way, it is likely that his T4 matches his tax information and that this is simply a power struggle. He does have a history of hiding financial information however.
  #2 (permalink)  
Old 10-02-2011, 08:15 PM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Your only means to force him to make a disclosure is court. If you already have a court order, you may file a motion. This you could do yourself without a lawyer for something like this. Go to the courthouse and speak with the duty counsel and/or FLIC and get guidance on filing the forms.

If you don't have a court order, but do have a signed separation agreement notarized and signed off by lawyers for each party, you can register that with the courts, and then get your motion heard.

It doesn't have to be expensive, but it can be time consuming. You have to be the judge of whether it is worth the bother.
  #3 (permalink)  
Old 10-02-2011, 10:46 PM
Senior Member
 
Join Date: Apr 2011
Location: Kingston, ON
Posts: 968
ddol1 is on a distinguished road
Default

Quote:
it is likely that his T4 matches his tax information and that this is simply a power struggle. He does have a history of hiding financial information however.
Just from this my first thought is what are you suspicious of? If it is hiding income that would affect your support then by all means look into how Mess mentions. Power struggles are something I am learning about first hand and I find it works in two different ways. The first is just making it difficult for you with all the extra steps but the second is more subtle...... if you leave it will you be able to just let it go? If yes, then great, or is this something that will just sit in the back of your mind causing you much more "grief" in the long run than just not getting the documents you requested?
  #4 (permalink)  
Old 10-03-2011, 10:43 AM
NBDad's Avatar
Senior Member
 
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road
Default

Quote:
This year, my ex has decided that at T4 should be sufficient income information despite my request for his tax return and NOA
He doesn't have to give you his return. He DOES have to give you his NOA within 30 days of a written request for same.

Send him a R3 letter asking him to provide his NOA within 30 days of receipt of your letter. Then after the 30 days have passed, you email him, attach the tracking number showing he signed for it and a scanned copy of the item and again ask for it inside of 14 days. THEN if he still ignores you, you file a motion with the court asking for him to provide it, AND (IF you have an existing order that indicates he is supposed to provide it) you ask for costs and that he be held in contempt of the order.
  #5 (permalink)  
Old 10-03-2011, 12:05 PM
Senior Member
 
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer
Default

There are 2 means of obtaining information under the Family Law Act. There is firstly Rule 19 under the Family Law Rules. For financial information, it is covered under Rule 13 of the Family Law Act, Clause 11. Make it a formal request for specific financial documentation under Rule 13. It gives them 10 days to produce. If they do not you can file a motion ordering them to produce. Remember it's a paper trail of requests and orders leading up to contempt.
  #6 (permalink)  
Old 10-03-2011, 01:20 PM
Senior Member
 
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer
Default

Oops... Meant Rule 13 within Family Law Rules
  #7 (permalink)  
Old 10-03-2011, 06:37 PM
Member
 
Join Date: Apr 2010
Posts: 88
informedmom is on a distinguished road
Default

Thank you everyone. What is an R3 letter? Also, any suggestions on how to word a formal request under Rule 13? Do I write it? How is it sent to my ex?
  #8 (permalink)  
Old 10-04-2011, 10:08 AM
Senior Member
 
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer
Default

Don't know what R3 letter is. Wording: This is a formal request for financial information as required under Rule 13:Clause 11 of the Family Law Rules. Then list specifically what you are looking for. As for serving it you want to ensure he has receipt of it (so they can't say later they didn't receive it if they chose to play games). Fax is best with the transmission receipt. You could use email with delivery receipt or delivery personally. Remember that this letter would later be added to a motion as evidence. Refer to the family law rules.. you can find them at ontariocourtforms.on.ca
  #9 (permalink)  
Old 10-05-2011, 06:08 PM
Member
 
Join Date: Apr 2010
Posts: 88
informedmom is on a distinguished road
Default

Thank you! I will draft the letter.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Ex is Military stillstrong Financial Issues 22 06-03-2011 06:31 PM
Ottawa & Newmarket - Mandatory Information Program Jeff Divorce & Family Law 5 12-15-2010 09:15 PM
School not providing me with information Wendel Parenting Issues 6 04-20-2009 03:41 PM
Still trying to get a child support order fedupp Financial Issues 3 03-17-2009 10:16 AM
School Information between homes baileybug Parenting Issues 3 10-17-2006 11:21 AM


All times are GMT -4. The time now is 01:22 AM.