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Requests for Documentation - what are my rights now?

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  • Requests for Documentation - what are my rights now?

    Hi again everyone. Hoped I wouldn't be back here but honestly, figured I would.

    My ex and I have a signed court ordered settlement agreement as of April this year. It settles all property issues and CS.

    I quite happily let my lawyer go. Today I received a request from my ex for all kinds of financial documentation. Since we have settled, am I required to provide him with any of it (aside from my tax return)? My instinct says 'of course not' but I want to make sure.

    thanks!

  • #2
    Originally posted by CSAngel View Post
    Hi again everyone. Hoped I wouldn't be back here but honestly, figured I would.

    My ex and I have a signed court ordered settlement agreement as of April this year. It settles all property issues and CS.

    I quite happily let my lawyer go. Today I received a request from my ex for all kinds of financial documentation. Since we have settled, am I required to provide him with any of it (aside from my tax return)? My instinct says 'of course not' but I want to make sure.

    thanks!
    What does your agreement say? I'd say outside of your agreement, which probably stipulates tax info, you don't have to provide anything.

    Comment


    • #3
      Originally posted by CSAngel View Post
      Hi again everyone. Hoped I wouldn't be back here but honestly, figured I would.

      My ex and I have a signed court ordered settlement agreement as of April this year. It settles all property issues and CS.

      I quite happily let my lawyer go. Today I received a request from my ex for all kinds of financial documentation. Since we have settled, am I required to provide him with any of it (aside from my tax return)? My instinct says 'of course not' but I want to make sure.

      thanks!
      Some questions:

      Are matters are settled FINAL and the court proceedings are now over? By this I mean the Application is no longer active before the courts. Has a FINAL order been issued making the separation agreement an order of the court?

      Reason I ask those questions is:

      If the matter has been set as FINAL then, the other party can't really rely upon the Rules of Disclosure under Rule 13. You have to rely upon the agreement that you reached with the other party. The only way that the other party could leverage Rule 13 is to bring a motion to change and that would require it to be a on a "material change in circumstance". Considering the time frame from settlement to current date... I would be really surprised if there was anything truly fitting the definition of "material change in circumstance".

      Remember, your ex-partner not liking you and asking for all sorts of nonsense like this is not a material change in circumstance but just them demonstrating that they continue to demonstrate their personal "status quo" that they don't like you. It has nothing to do you but, everything to do with them and how they "feel" about you.

      Now this person doesn't have the Rules to leverage to bother you and is contained to your separation agreement if it is FINAL. So, you can disregard the nonsense and just provide what is agreed upon and ordered until such time an Application is brought forward by either party.

      It depends on what is requested... I wouldn't advise you to not provide your T4 in addition to your return and NOA... It doesn't hurt you to provide this information as it is all used to reach the end goal of the NOA. So it isn't harmful if he provides this. I say this because I know you to be a very honest poster generally and your T4s and other documentation you have to file with your return to prove your income to Revenue Canada can't be used to harm you in any way before the courts. As well, if your ex-partner does some how get a motion to change on a material change in circumstance before the court... Rule 13 comes into effect and you will be required to again provide full and frank financial disclosure in accordance with Rule 13 of the Family Law Rules.

      Good Luck!
      Tayken
      Last edited by Tayken; 05-15-2013, 12:11 PM.

      Comment


      • #4
        Our order is marked Final.

        I am required by the order to provide my tax return and NOA each year. I've done that - he has yet to provide his. The tax return was due no later than April 30.

        He's requesting bank statements from before we separated, RRSP statements from AFTER we separated and a bunch of other financial stuff.

        I believe he's going to attempt to say I lied about something and reopen the case. So sad that some people just can't move on.

        Comment


        • #5
          Originally posted by CSAngel View Post
          Our order is marked Final.

          I am required by the order to provide my tax return and NOA each year. I've done that - he has yet to provide his. The tax return was due no later than April 30.

          He's requesting bank statements from before we separated, RRSP statements from AFTER we separated and a bunch of other financial stuff.

          I believe he's going to attempt to say I lied about something and reopen the case. So sad that some people just can't move on.
          You owe him nothing other than what is ordered. You have provided it. Don't even bother responding to the requests. You can ignore them. The onus is on him to bring a material change in circumstance and also provide the evidence to one.

          Just ignore and move on. You have met your obligation in accordance with the order.

          Good Luck!
          Tayken

          Comment


          • #6
            Originally posted by Tayken View Post
            You owe him nothing other than what is ordered. You have provided it. Don't even bother responding to the requests. You can ignore them. The onus is on him to bring a material change in circumstance and also provide the evidence to one.

            Just ignore and move on. You have met your obligation in accordance with the order.

            Good Luck!
            Tayken
            That is fantastic news. Thank you.

            Comment


            • #7
              Originally posted by CSAngel View Post
              That is fantastic news. Thank you.
              Hi CSAngel,

              No problem.

              With regards to the disclosure requests being made directly to your financial institutes. There isn't much you can do other than notify them that they are to seek your written consent prior to providing any disclosures. If you have web-banking you can send a message via that service requesting this. Specifically you want to instruct them to insert a note into their "Client Information File" to that effect.

              Depending on the bank they may be able to just do it in one system (e.g. CIBC). But, with others (for example RBC) you will need to notify each area of business. (e.g. RBC Direct, Mortgages, Personal Banking, Insurance, et all...)

              Good Luck!
              Tayken

              Comment


              • #8
                Originally posted by Tayken View Post
                Hi CSAngel,

                No problem.

                With regards to the disclosure requests being made directly to your financial institutes. There isn't much you can do other than notify them that they are to seek your written consent prior to providing any disclosures. If you have web-banking you can send a message via that service requesting this. Specifically you want to instruct them to insert a note into their "Client Information File" to that effect.

                Depending on the bank they may be able to just do it in one system (e.g. CIBC). But, with others (for example RBC) you will need to notify each area of business. (e.g. RBC Direct, Mortgages, Personal Banking, Insurance, et all...)

                Good Luck!
                Tayken
                Thanks Tayken - that's good advice. It's crazy how easy it is to 'prove' your identity for some institutions. So easy for someone like an ex who is privy to most of your information ie: SIN, address, birth date, etc.....

                Comment


                • #9
                  Originally posted by CSAngel View Post
                  Thanks Tayken - that's good advice. It's crazy how easy it is to 'prove' your identity for some institutions. So easy for someone like an ex who is privy to most of your information ie: SIN, address, birth date, etc.....
                  CSAngel,

                  That is because most people in our society are honest. For some reason there are those manipulative people who are relentless in obtaining and demanding with these organizations.

                  IT is easy because most of society is honest and well meaning. Clearly the party you are working with is possibly not one of those members of our society.

                  I find the patterns of behavior of the highly conflicted is to constantly try and obtain information that is irrelevant to their arguments. The will go around to others trying to find information. It is a very common pattern of behavior known as a distortion campaign. The spread roomers and lies trying to obtain the information. Generally their intent to obtain the information is not for good intentions.

                  Highly conflicted people are continually "digging for dirt" on people. They will private message other people trying to get your information for example. They will complain to anyone about you. They gather negative advocates in support of their "theories" about you as a person.

                  Highly conflicted people will "project" their feelings for you and attempt to position them as "facts" when they are nothing more than a demonstration of "emotional reasoning".

                  More on the concepts I am talking about can be found here:

                  BPD Distortion Campaigns | angiEmedia

                  If you understand this common pattern of behavior (distortion campaigns, psychological projection, emotional reasoning) it will serve you quite well in dealing with your ex-partner in matters. I know it serves me quite well when dealing with providing advice on this forum. Hopefully it assists you now that your dealings with your ex-partner.

                  Finally, one thing to understand is that many people, not just those exhibiting a possible Axis II "personality disorder" will engage in these transparent tactics. They can be driven by underlying anxieties. These people often fear for the "worst case" in life. It could possibly be that they are socially anxious. Either situation is dangerous for the "target of blame" so this is why I recommend you arm yourself with the information and understanding.

                  Good Luck!
                  Tayken

                  Comment

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