unequal division of assets

[financial woos]

My spouse has been hiding his income for the past 5 years and created debt so I was the only one holding us above water working two jobs. When he filed he claimed 5.00 to his name, every cent I worked for went to cover all our expenses including any savings I had. He has hidden all his income but not in the bank. He lied on all documents stating he has nothing. How do I go after unequal distribution if I paid almost everything useing all my savings RRSPs. Were talking medical, school, clothing, home repairs, utilities, food vehicle repairs ect.. While he stashed $70,000. per year. I have all his income statements up till he filled but he never put them through the accounts he produced for court. How do I get this to the table and go for unequal distribution as I am stuck with half the debt only created in the past 5 years because I couldnt pay everything and he has $300,000.00 plus somewhere.

[momforever1956]

The first meeting with my lawyer in June 2009, he explained to me that there is truth and there is proof and the courts are only prepared to deal with proof.
I have spent almost 3 years proving the lies, ( I have more than doubled his income) with proof. I suggest you get some proof before you sit down and talk. If he was employed get his T4, and ask for any proof, of where that money is. If you can prove that indeed you have supported the family and he has not contributed, then his income has to be somewhere.

[financial woos]

Thank You for responding, I have proof his T4s and actual pay stubs for over 4 1/2 years, the contract sites on top of that of other work plus the expense he put through the family account.
I have all the bank records, shows my income going directly into the family account and receipts of everything I paid for, from food, kids, taxes, car payments ect. All was given to the lawyer yet they seem oblivious to all this. I summarised and did a complete document trail by year with a summary showing his net take home. I know it has to be somewhere, guessing cash hidden with family or some other non traceable place. He has no debt or gambling problem But its getting the lawyers to force him to show where it i .

[momforever1956]

I know this is complicated but it is important to be organized. I reccomend a 3 ring binder with dividers and place all photocopied information by date. If you have the proof of his income, and bank statements and all the related receipts of payment,,,,this will be helpful... Lawyers and courts are not very good with loose papers all over the place. Make schedules showing your income going into the bank, show the expenses paid by you and show his income either with a T4 or contract that has not been deposited--and just ask the question---where is the money?

[momforever1956]

Just to add,,,,, the major problem in Family Law is disclosure, income and avoiding or hiding assets.
My x is self-employed so he has expensed literally hundreds of thousands of dollars of personal items,,,, I have the right to ask for recepits and bills for example--he wrote off our home land line and all the cell phones for me and the children,,,,, this is not a business related expense and needs to be added back to his income---so that is exactly what we have done,,,, the problem is, getting to those recepits has taken almost 3 years and many huge lawyers and accounting bills,, there is where we blame the lawyers for the system when in fact the problem is the x who is trying to hide and continues to lie. You have to weight the rewards versus the costs.... it isnt worth spending 5 thousand to find one thousand, but it is sure worth spending 100k to find 300 k.

[financial woos]

Hi, Thank you very much, your responses are very much appreciated as I think Im starting to loose my mind. It was presented in binders tabbed, divided, summaries with all documentation. I've been doing it all organized by year, month income and expense, duplicate copies for the other lawyer to try and reduce costs. At this point its like pulling teeth. To date he has not provided anything even remote to a few bank statements all of course with under a hundred dollars in it. I cant seem to get the lawyers to do what their suppose to. If I produced this much evidence in any other court Criminal or Tax in Canada it is cut and dry.

[financial woos]

Hi, also looking at the court case recently settled in Ontario with the Doc who hid all his assets and was doing wonderfully outside Canada. Im hoping this case should bring new meaning to the individuals hiding and pretending they have no money. The other is the legal cost, if one partner is deliberately lying and causing the cost to go up they should be the personal responsible for all the legal costs. I am looking for all cases in Canada that set legal presidents to these issues.

[momforever1956]

You can also check out Hobbs V Hobbs 2008 Ontario .Superior Court of Justice.
Which website are you looking at for recently settled cases.

[financial woos]

Hi, Anyone hear of precedence cases where you cant find the money or assets but have the proof of earnings. do they award a settlement on what the documents stated out of their share of the assets?

[momforever1956]

Earnings will be the basis of CS and SS. Earnings cannot be used for division of assets unless you have proof these assets exist. I know you have mentioned in a previous post he doesnt gamble, but the money still could have been spent in a million places. Earnings does not prove assets, in other words he could have spent it on expensive clothes, gifts for family or friends, meals, there is a million places the money could have been spent.
The courts need proof of assets to divide them. just assuming that his earnings were invested and hidden will not hold up.
Does his income tax return show any interest income? Does he have any RRSP's. If monies were handed to his family and they have invested it on his behalf it will be hard to prove, but if his income tax return shows any earnings besides his income from employment then you should investigate to see where and how much money was invested .