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  • Taking early retirement to avoid paying SS

    Does anyone have any experience with this?

  • #2
    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.

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    • #3
      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.

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      • #4
        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

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        • #5
          Thank you.

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          • #6
            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.

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            • #7
              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

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              • #8
                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.

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                • #9
                  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.)

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                  • #10
                    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.

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                    • #11
                      Originally posted by arabian View Post
                      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.
                      Highly recommend that you get financial disclosure from new partner and sister.

                      Imagine their reaction when they are dragged into this (their fault for being deceitful) and the egg on their faces.

                      You may have thought the SS amount was sufficient but seems your ex trying to hide things so would help if you expose it all. Not right for them to do that. Who knows what else they are trying to hide that may hurt you in the future?

                      Sounds like he's playing dirty and perhaps exposing his partner and family in this will at least make him stop dragging you into court continually.

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                      • #12
                        It doesn't take a rocket scientist to see when monies have been suddenly 'moved' and to whom/where. Even FRO, as an enforcement method can pursue (as a joint/co-party) any person(s) who are "frustrating" or deliberately impeding their efforts to collect money owed.

                        Another thing to be sure of: is that the person owing money does not have a safety deposit box. There are those who will all but empty out their accounts and put large cash amounts in their safety deposit boxes. This might be something to check into. The courts can request that the bank confirm whether or not the payor has a s.d.b.

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                        • #13
                          Originally posted by slughead10 View Post
                          if he has moved everything into his new womens name wouldnt she be SOL?
                          Nope. The forensic accountant would show the path and the court would go get the money. Not much you can hide in the world of finances from the courts these days unless you live your entire life in cash. The challenge is due to cost of having this done you only see it on the really $$$ cases. There are some great examples on CanLII of forensic accountant reports in posted decisions.

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                          • #14
                            Thanks for the advice guys. Lots to consider. I would much prefer a charity to get the cash if it came down to it. I guess I'm a s.u.c.k.e.r and just wanted him to be able to get on with his life.

                            Very interested in how I can find out where the money is. CRA had a go at him a few years back but their hands are tied in that they have to give banks 30 days notice of everything nowadays (as opposed to 30 yrs ago when they could just seize accounts). Banks defend their customer's privacy (rightfully so) even to a point that all of the major banks have legal departments who just deal with these sorts of things.

                            My ex is too anal to have anything in a safety security box. One of the many items I gave him when we split up was the safe from the house. Took 2 men to lift out to the moving van. We used to keep money in there for employees who worked out of town. In the old days many small town hotels and gas stations didn't run accounts or take visa. If he has cash money it would be in the safe.
                            I don't care about that. Just want a fair deal and to get on with my life. Thought I had that.

                            Keep the ideas coming people. Appreciate it greatly!

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                            • #15
                              If he went into business with his sister (which we can pretty much prove) do you think we can get an order for the sister to turn over all of her accounts? I know a person can't go on a fishing expedition. Does anyone know how far a person can go to request information? Even CRA is limited.

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