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What is the quickest way of getting a Financial Statement from my ex?

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  • #16
    Originally posted by OrleansLawyer View Post
    If you are already involved in contempt proceedings against him to obtain disclosure then you are not likely to see it sooner. Either he is in contempt and will be forced to provide the paperwork or else he isn't and won't have to.

    If you have a final Order, and matters are settled, then I am uncertain why you would need an updated financial statement.
    Because he is on social assistance and he went on vacation for 6 weeks across country. He shouldn't have the money to do so unless he was working under the table. The form 13 is part of the forms I plan on questioning him on, if necessary.

    May I also add he came to court in a new CK suit.

    1)He failed to provide his income tax on time, and then i find out he has left stuff off. I can prove he didn't declare his social assistance payments, or at least part, and that he didnt add interest payments on his returns.
    2)He doesn't show up for a contempt motion, says he is vacationing to the judge through a duty council(possibly working under the table and cant come back)
    3)He refuses to provide any documents that were requested.
    4)He refuses to answer my request to admits.


    What else am I suppose to think but that i got him caught in something underhanded

    Comment


    • #17
      What the dude wore to court is relevant how?

      Some people shop at Value Village and come away with wonderful clothes I'm told.

      I went to the mountains last fall and it didn't costs me a dime - friend took me along with her kids.

      Relevance. Relevance. Relevance.

      Comment


      • #18
        Well Im certainly not going to put that in an affidavit. Its just one part of my reasoning , when the big picture is looked at that something funny is going on.

        Comment


        • #19
          Originally posted by penniless View Post
          Seriously Blink , whats so curious about stating someone had 2 kids in 18 months

          What I find CURIOUS is that you answered your own question, and yet you still proceed to ask the question anyways.

          What I find CURIOUS is you proceeding to tell me that any other answer is unlikely.

          How many logical answer were there? One right? Why ask a question that you believe only has one answer? Thats CURIOUS!

          Whats more CURIOUS is you asking about something that wasn't even relevant
          Nope, it's an opportunity for you to show what you're really all about. Your attitude shines through in your many posts about the same subject.

          You have no idea how or if he even paid for his vacation at all, nor is it any of his business. Now you're concerned about his choice of clothing? He could have BORROWED the suit for all you know.

          Seriously, why don't you concern yourself with things that are actually relevant to your case and stop being so up in his business.

          Do you justify everything you spend, gift you get, clothing purchase or item borrowed from a friend? You need to realize: HE ISN'T MARRIED TO YOU ANYMORE, he doesn't have to justify these things to you.

          Comment


          • #20
            If it wasn't my business I'd be the one that was getting the contempt motion placed against me not the other way around

            Because he isnt paying child support

            I have the right to know his finances, revenues and expenses.
            I have a right to know his medical status because he has been declared unable to work.
            I have a right to question him on both

            Failure to disclose financial information has been included in the list of factors cited by Justice Bastarache in the Supreme Court of Canada decision of D.B.S. v. S.R.G.,

            106 Courts should not hesitate to take into account a payor parent’s blameworthy conduct in considering the propriety of a retroactive award. Further, I believe courts should take an expansive view of what constitutes blameworthy conduct in this context. I would characterize as blameworthy conduct anything that privileges the payor parent’s own interests over his/her children’s right to an appropriate amount of support.

            He went on vacation, possible using his own money, when he could have been paying child support, when he could have been going back to school, when he could be retraining himself for another career

            107 No level of blameworthy behaviour by payor parents should be encouraged. Even where a payor parent does nothing active to avoid his/her obligations, (s)he might still be acting in a blameworthy manner if (s)he consciously chooses to ignore them. Put simply, a payor parent who knowingly avoids or diminishes his/her support obligation to his/her children should not be allowed to profit from such conduct: see A. (J.) v. A. (P.)reflex, (1997), 37 R.F.L. (4th) 197 (Ont. Ct. (Gen. Div.)), at pp. 208-9; Chrintz.

            Comment


            • #21
              Originally posted by penniless View Post
              I think you know what I was suggesting by commenting on your original post. If your going to accuse someone of lying then do so, and you were trying to do so, or you wouldn't have made an effort to make something so obvious and trivial to the post standout. So in turn, I figured I'd imply something with my post.

              You were purposely trying to create conflict where none needed to be. Given that you are a moderator you should know better
              you having a bad day or something?? You seemed highly sensitive. I never took blinks post as an accusation or anything.

              Comment


              • #22
                me neither and blink and I don't usually see eye-to-eye on ANYTHING. LOL

                Comment


                • #23
                  Originally posted by arabian View Post
                  me neither and blink and I don't usually see eye-to-eye on ANYTHING. LOL
                  I think the poster is the one trying to create a conflict where none exsits. If she is pissed off at the ex, dont take it out on people on the board.

                  Comment


                  • #24
                    I have to agree with Penniless on this one. I find Blink to be a pot-stirrer as well. There was no need for her comment. She has responded to a past post or two of mine in a unnecessarily negative manner as well.

                    On a different note, I am having the same issue Penniless and am trying to get my ex to disclose his income. I have sent him a request for information with 30 days notice, another request (registered) with an additional 10 days notice, a Form 20 requesting that he disclose his income with 20 days notice and am now out of options in that department. I believe I now have to file another motion to get him back into court, but since he hasn't shown up for anything else I don't see why he would comply.
                    Does anyone know what step must be taken next? A Form 14B: Motion form or is it a 17A: Case Conference Brief I need to fill out and serve? He is already uncontested and in default. If anyone can answer both of our questions it would be most helpful.
                    Tayken are you out there??! I always find your advice most helpful.

                    Comment


                    • #25
                      He is already uncontested and in default.
                      Get a court Order for disclosure by date.

                      Proceed to enforce through contempt motion.

                      Comment


                      • #26
                        Get a court Order for disclosure by date.

                        Proceed to enforce through contempt motion.
                        But in order for him to be in contempt, shouldn't there have been an order stating that he has to disclose his income or provide support? Because I didn't know his income I was told at my case conference to basically "figure it out and get back to us" . He has ignored all my requests for his income and I have filed basket motions requesting that he be ordered to disclose his income but my requests are continuously denied. The last response was from a judge saying to "get him in here" . So I figure it must be a regular Motion From I would fill out, no?

                        Comment


                        • #27
                          Originally posted by penniless View Post
                          If it wasn't my business I'd be the one that was getting the contempt motion placed against me not the other way around

                          Because he isnt paying child support

                          I have the right to know his finances, revenues and expenses.
                          I have a right to know his medical status because he has been declared unable to work.
                          I have a right to question him on both

                          Failure to disclose financial information has been included in the list of factors cited by Justice Bastarache in the Supreme Court of Canada decision of D.B.S. v. S.R.G.,

                          106 Courts should not hesitate to take into account a payor parent’s blameworthy conduct in considering the propriety of a retroactive award. Further, I believe courts should take an expansive view of what constitutes blameworthy conduct in this context. I would characterize as blameworthy conduct anything that privileges the payor parent’s own interests over his/her children’s right to an appropriate amount of support.

                          He went on vacation, possible using his own money, when he could have been paying child support, when he could have been going back to school, when he could be retraining himself for another career

                          107 No level of blameworthy behaviour by payor parents should be encouraged. Even where a payor parent does nothing active to avoid his/her obligations, (s)he might still be acting in a blameworthy manner if (s)he consciously chooses to ignore them. Put simply, a payor parent who knowingly avoids or diminishes his/her support obligation to his/her children should not be allowed to profit from such conduct: see A. (J.) v. A. (P.)reflex, (1997), 37 R.F.L. (4th) 197 (Ont. Ct. (Gen. Div.)), at pp. 208-9; Chrintz.
                          Just be very careful you are not projecting blame yourself on the other parent.

                          You really are interpreting the case law there on that one. Going on vacation is not "blameworthy" conduct. Not paying child support, failing to provide financial disclosure in accordance with Rule 13 and constantly avoiding it, making excuses for not paying support etc... Is "blameworthy" conduct. When defining "blameworthy" before a court it is ignorance of the Rules set forth in the CLRA and FLR... Not going on vacation, spending money wildly, etc... It is an attempt generally to not do something as required by the Rules governing conduct.

                          Also, the conduct has to be "blameworthy". What defines "blameworthy" is a subjective evaluation of the evidence presented. The evidence you are relying upon are based on personal comments and statements of your belief.

                          If the other party is not represented then their conduct is hard to be "blameworthy" unless there are piles of court orders against the other parent and they have had opportunities to understand the Rules and/or have been told what they are.

                          Travelling is not "blameworthy" conduct before the court. Failing to file financial disclosure on numerous occasional in accordance with court orders and the Rules can be after several attempts are made.

                          Finally, it is not anyone on this board's responsibility or fault that you chose to have children with the other parent who you are trying to paint as "morally blameworthy".

                          It is unfortunate that you are stuck with what you have and to get support for the children in question from the other parent. It is also unfortunate that the court system, Rules and laws are mostly targeted at the 90% of the population that doesn't need the court to address basic issues like support. You seem to be stuck in a 10% situation that is highly conflicted and it is most unfortunate for the children involved.

                          Good Luck!
                          Tayken

                          Comment


                          • #28
                            Originally posted by court View Post
                            But in order for him to be in contempt, shouldn't there have been an order stating that he has to disclose his income or provide support? Because I didn't know his income I was told at my case conference to basically "figure it out and get back to us" . He has ignored all my requests for his income and I have filed basket motions requesting that he be ordered to disclose his income but my requests are continuously denied. The last response was from a judge saying to "get him in here" . So I figure it must be a regular Motion From I would fill out, no?
                            I think you may be miss understanding what a "basket motion" is. Generally, when I see the term "basket motion" used it is in a 14B motion made on consent from both parties resolving an issue. The term is used to outline a "slam dunk" decision (or basket) and related to scoring a goal in basketball. Hence the reference to a "basket motion". Better described as a "slam dunk" motion.

                            It sounds like you are trying to bring a 14B forward requesting summary judgement based on the written evidence without consent on the issues being presented. Is this a correct assumption?

                            http://www.ontariocourtforms.on.ca/f...ept105_ODA.pdf

                            Comment


                            • #29
                              Originally posted by court View Post
                              I have to agree with Penniless on this one. I find Blink to be a pot-stirrer as well. There was no need for her comment. She has responded to a past post or two of mine in a unnecessarily negative manner as well.

                              <snipped>Tayken are you out there??! I always find your advice most helpful.
                              I have replied to exactly two of your posts. I notice that you took the time to point me out for disagreeing with you, but left out the others who disagreed with you on those posts, or agreed with me on those posts - including Tayken, whose posts you 'always find most helpful'.

                              Comment


                              • #30
                                If no one ever stirs the pot, all you get for supper is a ladle full of thin broth with burnt crap.

                                Comment

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