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

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Old 12-08-2008, 12:48 PM
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Post Statue of Limitations on Financial disclosure

Does anyone know if there is a statue of limitations for how far back my ex-wife can ask for financial records, taxes, cedit card bills, etc? She is asking to go back to 1996??

Also is there a statue of limitations for how long a spouse can take the othe spouse to court in a divorce proceeding??

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Old 12-08-2008, 12:58 PM
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I just supplied my ex with financial info on deposits and withdrawals and payments on all accounts I had back to 1999...Not sure if I had too and is it ever hard to remember where a deposit came from back that far!

She has accused me of hiding money from her and has hired a forensic accountant. I have sworn that I am not hiding one red penny.

Good luck
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Old 12-08-2008, 01:14 PM
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The general rule of thumb is, if the issue relates to establishing or changing a support order, IE CS or SS, then the last three years are all that is necessary.

If they are trying to establish some other pattern of living standards they may want to go farther back. But with respect to how you spend income "after" you have met your financial obligations are never up for debate, and you can ask the court to ask the other party for relevance to the issue at hand.
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Old 12-08-2008, 01:27 PM
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I used to have a farm with my brother 50/50 and it was sold back in 2003. Do they have the right to see the bank statements and cancelled checks.Personally I do not mind but since my brother is involved...can they?
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Old 12-08-2008, 03:03 PM
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I'm not sure what they can ask for in family law, but you're only required to keep your income tax information for 7 years. I think that it would be unreasonable to expect someone to have financial data further back than that, though they may be able to find out what you filed through the CRA.
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Old 12-09-2008, 06:18 AM
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How long have you been separated/divorced?
The farm sale was 5+ years ago.
When we were asked by my husband's ex for credit card statements, and banking statements, etc, we asked relevance, and the courts looked at the fact that we have met all our financial obligations, and had provided a full and frank financial disclosure complete with the last three years of tax returns, and would not allow the request for any personal statements. The courts basically said, that how we utilize our income is not up for debate, and was basically an invasion of privacy. Since we had provided a clear outline of income for the purpose of setting support payments and that was all that the courts required.
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Old 12-09-2008, 08:04 AM
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Separated since September 1, 2006. The ex moved out in February 2007. I have been trying to get it settled since October,2006. Going to Court in January 2009....What a waste of time and MONEY. She has a goverment pension worth anywhere from $60000.00 to $140,000.00 depending on her retirement date...of course she picked the lowest value on the financials. I was thinking more mid range...I guess the courts will decide.
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Old 12-09-2008, 08:21 AM
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If you separated in September of 2006, then she would have already have benefited from the 2003 sale of the farm, at least indirectly as she was still with you at that time.
I would say, that given the recent separation date, that you would only be legally required to provide a full and frank financial disclosure form along with your last three years of tax assessments to support the income claimed.
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Old 12-09-2008, 08:34 AM
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That is what I thought but I have nothing to hide....The ex is very upset at our financial situation. She thought she could keep all of her pension and get half the value of the house and not have to pay any of the the joint debts. All I want is half and not a penny more. I have paid CS since the day she moved out and we share custody 50/50 and I pay 70 % of special expenses.
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