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No Financial Statement...6 months later!

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  • No Financial Statement...6 months later!

    I am new to the board and I apologize if this is a repeat question. I have now been seperated for six months and have already spent almost $6000 on lawyers and have made no progress whats so ever. My "husband" still will not submit his financial statement and is contributing nothing to the shared debt, expenses and child support. There is a restraining order in effect so there is only communication through lawyers ($$$). Can anyone tell me what the ramifications of never submitting the financial statement are? Can I not move forward with anything? My lawyer (2nd one) just seems to write me big emails at a cost or $300 a pop and we never get anywhere. Feel like I am being held hostage. Thanks.

  • #2
    Your lawyer works for YOU,not the other way around.

    Put a time limit on a response, instruct your lawyer that if no response if received, that your expectation is a court date.

    Instruct him you want a court date for interim CS/SS at the earliest possible date.


    • #3
      I am a still not saavy. I have financial data from stbx - that is incomplete and inaccurate. I also feel that I've been forced to spend money I dont' have. (I know, who does unless you are filthy rich.)

      My vague understanding... we'll proceed to a Settlement Conference w/o all the data - focus on c/s and make some kind of claim about stbx being in "contempt".

      I have seen cases where the judge more or less had to/was allowed to "guess" at missing data. It isn't great... but I think sometimes these "guesses" are NOT in the favour of the non-cooperative party.

      Don't lose hope entirely (cynicism is completely understandable!).

      Keep reading/learning until you get through this - as best as you can. That's what I'm trying to do.


      • #4
        Five years and still no complete disclosure on this end. But there is a settlement anyways; as some have said here before, you make an offer to settle which doesn't quite make you want to puke.

        You need to light a fire under your own lawyers behind and have him/her draft a letter with an offer to settle, or in the alternative you will go through the courts with a very specific date noted.

        No more messing around. Be assertive in your position. YOU direct the lawyer, not the other way around.


        • #5
          Only 5 years? 7 here, and my ex has never given a full financial disclosure. We settled out of court on the verge of another conference. My ex has avoided financial disclosure since then, and I've bent to get a quick, low-cost settlement out-of-court for updated support. There is no practical way to get financial disclosure without bankrupting both of us, so I don't. It's all based on fairydust and cobwebs.


          • #6
            Despite the fact that my ex threatened me with court three times because she thought I had made an incomplete disclosure, and despite the fact that I insisted she make one before we had a signed agreement, she never made one. She didn't work for years, and had few assets, other than inheritence. She didn't want me to see the size of her inheritence, which she used to fund her lawyer. Instead I paid for a probate search and got the information that way. I gave up a few thousand on the equalization, but I got peace.


            • #7
              Still waiting after 1.5 years. Seems like he will submit soon, but still not sure. He's the one taking me to court so it will look bad on him if he still hasn't provided his financials by then.


              • #8
                Im two yrs+ in and my STBX has not submitted anything intelligent.
                She did scan in a plain piece of paper with amounts deducted from a Line of credit and beside each item labelled it house neccesities(I kid you not!!).When her mortgage, taxes, utilities, insurance and car were paid for it seemed odd that she required over $30,000 for her to survive 6 months
                Putting things in perspective I earn $60,000/ year so this spending made me ill.
                Meanwhile in my camp every document regarding banks , finances, taxes, receipts were scanned in, took me two weeks. Still, even though I did the grunt work the lawyer charged me $6700 to make sense of it??

                So I understand your frustration!. Too bad for both of us and a lot of people here that courts dont hammer people who thumb their nose at the legal system.


                • #9
                  At least I did my own math. I just swore an oath that it was accurate, after a one hour review with my lawyer. So it didn't cost too much.


                  • #10
                    I am at 4 years still waiting for an updated one. Also spending way more than he is just getting my lawyer to communicate that he is missing items. When I verbally told him he was missing joint stuff---he said I should send it to him. I offered 4 years ago to do the joint stuff together---we could have been done years ago. Now, the best one, he removed all his current financials so at questioning we didn't have all the information. My questioning in the next few weeks and my lawyer has a right to continue questioning. I am going to suggest that if we don't get stuff in a timely manner--we need to cancel until we have better information. I am so frustrated as you all are that the court system does not have a better way to make these people get their act togehter and not slow down the process. I feel we will never be able to come to terms to settle. My lawyer converted all US assets to CAD --he hasn't--- He removed the house as an asset--and the house was in my name so the whole amount is on my side. It makes it look like I have more money--when in fact he makes 3 x the amount on 3 days a week ........yes---we are all frustrated at the ex's and the system that allows them to do this.


                    • #11
                      I'm in the same boat...proceeding to an SC without the required information despite 3 times at motions to get him to disclose.

                      My lawyer is basically advising at this stage to move on and not bother trying to file any more disclosure motions. We 'guessed'/extrapolated the information and I made an offer to settle right up the middle. I anticipate that it will be rejected..which is we'll push to trial where I doubt he'll do much better and will probably end up paying me the same amount plus my court costs. He even lied about his salary on his brief...while supplying the correct number in his tax return...because I'm eligible for retroactive payments per our interim endorsement because he refused to provide a paystub. I think he thought me and my lawyer would miss it.

                      The good news trial, who do you think the judge is going to believe?

                      I anticipate that every year, I'll be filing a motion to get him to disclose his income/t4s.


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