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 08-03-2012, 04:01 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,858
arabian will become famous soon enough
Default Taking early retirement to avoid paying SS

Does anyone have any experience with this?
  #2 (permalink)  
Old 08-03-2012, 04:09 PM
Senior Member
 
Join Date: Nov 2010
Location: Toronto
Posts: 385
momforever1956 is on a distinguished road
Default

Not Yet,,, but I am preparing myself.
Arabian the only thing I have discussed with my lawyer, is that once my x retires he will have to provide disclosure to as how he is supporting himself and sustaining his lifestyle.
  #3 (permalink)  
Old 08-03-2012, 04:11 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,858
arabian will become famous soon enough
Default

My ex takes me to court several times a year and loses. This is just his latest antic. My lawyer is all over it but thought I'd see if anyone has come up against this before. Ex is a total idiot. Hope the judge tells him it's ok to retire... in jail.
  #4 (permalink)  
Old 08-03-2012, 04:53 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,489
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by arabian View Post
My ex takes me to court several times a year and loses. This is just his latest antic. My lawyer is all over it but thought I'd see if anyone has come up against this before. Ex is a total idiot. Hope the judge tells him it's ok to retire... in jail.
Financial disclosure on the material change in circumstance would have to be produced as evidence. If it represents a material change then it could happen by order.

Next time around in court, highly recommend you request a technical order for a forensic accountant to be ordered to do the financial disclosures. You can't hide from a good forensic accountant. (Even if you go to a conference it can be ordered.)

I would recommend researching names of about 3-5 forensic accountants, see what experience they have before the court (search CanLII) and be prepared to recommend them. Costs on something like this can be awarded against the party whom is failing to provide proper financial disclosure.

Good Luck!
Tayken
  #5 (permalink)  
Old 08-03-2012, 04:58 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,858
arabian will become famous soon enough
Default

Thank you.
  #6 (permalink)  
Old 08-03-2012, 05:17 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,858
arabian will become famous soon enough
Default

Nothing has transpired as yet. The ahole faxed my lawyer a letter today. Actually it will probably help us in the long run as it just adds to the case that he continues to do everything, and anything, to shirk his responsibilities. The request for forensic accounting, in light of this latest development, would therefore be a valid request I would think. He's been in contempt for a few years for not providing information for the business. This will probably only help things for us.

Thanks again Tayken! I forwarded your suggestion to my lawyer.
  #7 (permalink)  
Old 08-03-2012, 06:04 PM
hadenough's Avatar
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

There are paper trails when money gets "moved." Follow the money trail, if need be. I have heard (from my Lawyer who has 30+ yrs experience) that Forensic Accountants are around $10K, b/c I sure could've used one too, but could not afford one.

I believe there is Case Law you can access on this topic which should be helpful. Good Luck, arabian
  #8 (permalink)  
Old 08-03-2012, 06:08 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,858
arabian will become famous soon enough
Default

Thanks hadenough. I used to golf with a forensic accountant (before lifestyle change with divorce LOL) and yes they do make alot of money.

I'm looking at this as my ex's bi-annual thing. He usually doesn't get going until October - just a bit early. Seems to give him some sort of sick enjoyment. Must like court or something. He had a lawyer for the past 10 months and now I believe he is self-represented again.
  #9 (permalink)  
Old 08-03-2012, 08:47 PM
Junior Member
 
Join Date: Jul 2012
Posts: 29
Gladtobesingleagain is on a distinguished road
Default

Quote:
Originally Posted by slughead10 View Post
if he has moved everything into his new womens name wouldnt she be SOL?
That's called "sheltering". As far as Ontario goes and maybe other provinces too, a person can request that there be financial disclosure from a new spouse or another person in which they believe their ex is using to hide assets, etc.

Arabian, it might be a good idea to request his new spouse do this. (I think I've read in other posts your ex has a new partner/spouse.)
  #10 (permalink)  
Old 08-03-2012, 09:02 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,858
arabian will become famous soon enough
Default

Yes he certainly has been "sheltering" all along. I never really cared about his other business interests as I always felt that what we negotiated for SS was sufficient. He continually puts me in a defensive position legally. This time I'm afraid that I will have little choice but to go after his "other" interests. Not only is his g/f sheltering but also an older sister. I really hate to see money spent on this as he will not be successful. Total waste of time as well.

He goes bankrupt, still is not discharged, and now he announces his intention of retirement. He was just in front of the judge a few months ago. I'm sure the judge will not be impressed.
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
Mediation - how to handle retirement on disability ddol1 Divorce & Family Law 6 06-27-2011 12:13 AM
Ex isn't claiming tips on taxes to avoid paying CS.. singlemama Financial Issues 5 03-25-2011 02:42 AM
Separation Agreement - Pension valuation. wmike Divorce & Family Law 4 11-19-2009 06:30 AM
Child Support / Early Retirement, Lump Sum Payout mgh Financial Issues 10 04-12-2006 10:28 AM


All times are GMT -4. The time now is 08:18 PM.