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Financial Disclosure - can they be challenged?

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  • Financial Disclosure - can they be challenged?

    Hello. New to this forum, but finding it a great supportive resource.
    I have a question regarding Financial Disclosure. Are these not sworn documents? Can they be challenged and if so is it worth it? I completed my disclosure and my lawyer sent to my ex in June this year, and my ex has since bought a house with his new girlfriend and her two kids. After more proding to produce his disclosure (even prior to his new acquisition), whereby, I'd like to keep the matrimonial home he has just completed it and I find it a joke, although I'm trying to keep my emotions low and treat this as a business transaction, but no property identified, incorrect data, missing financial documents - or docs soon to be sent etc. just makes it more frustrating. Also, I have no proof, but the stock piling of money needs to go somewhere, and the where is the disclosure of any new credit cards and/or bank accounts? He banks at a different bank now, as per the kids, but realize this is only hearsay. Why is it not mentioned on the disclosure? Any suggestions or experience with this documentation would be appreciated.

  • #2
    Originally posted by Its4thekids View Post
    Hello. New to this forum, but finding it a great supportive resource.
    I have a question regarding Financial Disclosure. Are these not sworn documents? Can they be challenged and if so is it worth it? I completed my disclosure and my lawyer sent to my ex in June this year, and my ex has since bought a house with his new girlfriend and her two kids. After more proding to produce his disclosure (even prior to his new acquisition), whereby, I'd like to keep the matrimonial home he has just completed it and I find it a joke, although I'm trying to keep my emotions low and treat this as a business transaction, but no property identified, incorrect data, missing financial documents - or docs soon to be sent etc. just makes it more frustrating. Also, I have no proof, but the stock piling of money needs to go somewhere, and the where is the disclosure of any new credit cards and/or bank accounts? He banks at a different bank now, as per the kids, but realize this is only hearsay. Why is it not mentioned on the disclosure? Any suggestions or experience with this documentation would be appreciated.
    Form 20, request for disclosure under Rule 13 of the FLR. If they don't respond properly then you do as it says on the Form 20 and go on motion to get an order for questioning (examination) on the Form 13.1 and question the other party.

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    • #3
      Thank you Tayken.

      My next question, is where would I find this Form 20?

      As well, if he is living with his girlfriend and her two kids, should he not have identified this on the disclosure Form 13.1 where he identifies who he lives with?

      Comment


      • #4
        Originally posted by Its4thekids View Post
        Thank you Tayken.

        My next question, is where would I find this Form 20?
        Form 20: 20 — Ontario Court Services

        Originally posted by Its4thekids View Post
        As well, if he is living with his girlfriend and her two kids, should he not have identified this on the disclosure Form 13.1 where he identifies who he lives with?
        It really isn't an issue. As Form 13.1 explicitly states under "PART 6: OTHER INCOME EARNERS IN THE HOME" is only to be completed if:
        Complete this part only if you are making or responding to a claim for undue hardship or spousal support. Indicate at paragraph 1 or 2, whether you are living with another person (for example, spouse, roommate or tenant). If you complete paragraph 2, also complete paragraphs 3 to 6.

        If you made an Application for spousal support or undue hardship (or the other party to the matter) then it should be filled out. But, it isn't something that a judge will go nuts about. It is a very minor element of disclosure. Nothing that will "win" your case for you.

        Good Luck!
        Tayken

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        • #5
          Found the forms-thank you.
          Any suggestions on how to approach household items etc.? My STBX did not identify anything - $0.00 on his Fin.. Disclosure, however, now would like the items/ small furniture I've stock piled to either sell or donate. Some purchased during marriage, some solely mine. We are not talking about large $$ items here, but many of them together may add value ($500-1000) if added to his disclosure and ultimately decreasing the equalization gap. Doesn't sound like much, but would pay a lawyer bill.

          Comment


          • #6
            Originally posted by Its4thekids View Post
            Found the forms-thank you.
            Any suggestions on how to approach household items etc.? My STBX did not identify anything - $0.00 on his Fin.. Disclosure, however, now would like the items/ small furniture I've stock piled to either sell or donate. Some purchased during marriage, some solely mine. We are not talking about large $$ items here, but many of them together may add value ($500-1000) if added to his disclosure and ultimately decreasing the equalization gap. Doesn't sound like much, but would pay a lawyer bill.
            Lawyer hourly costs is between 265-500 per hour + tax.

            I wouldn't fret about the household items as the total value you are talking about is about only 2 hours of time with a lawyer.

            Also, use household items are worthless generally. Washer and dryers used are like 100$ each at most. Don't be that person that drags people into court for household items. Judge WILL NOT be impressed. Last thing you need from a judge is a speech about how ridiculous dragging someone into court over household items is...

            Good Luck!
            Tayken

            Comment


            • #7
              This is exactly what I wanted to hear. Thank yo do much Tayken.

              Comment

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