Form 20 - Not on file and I need to respond?

[StepMonsterInHell]

So far the help and support I've seen on here is amazing! I have some questions I'd like to throw out there that I can't seem to find answers for online, or in the court documents themselves.

My Spouse was served with a Form 20, stating that he needed to disclose information to the other sides lawyer. I am helping him self represent, as we have blown through more money (than i ever want to admit) on a 6 year battle with no end in sight. He has paid for all representation up until this past July - she is an Ontario Works receiver with legal aid this entire time (don't get me started on this)...This post may be lengthy...

1. Original separation; December 2009. They are now requesting all financial information from 2007 through to present. There is an updated financial form served to them for 2014. We are waiting for his T4 for this year to complete tax forms and update again. I am under the impression that they can only ask for the last 3 years, is this correct? Everything that they are asking for has been previously provided, and is available in the continuing record, do we need to jump through hoops to find all over again? They are asking for all bank account statements from him for this time as well.

2. They are requesting to know which date we started dating (July 2010), which date we moved in together (March 2012), and which date we married (October 2012), plus requesting all of my financial assessments and tax returns for this time. They are also requesting copies of my bank account statements for this time as well, as they are claiming I am hiding money for him.Do I have the ability to refuse? My husband is not claiming undue hardship.

3. This form was served to him on February 11, 2016, with a 30 day time limit to provide this information. Just returned from the courthouse - and it has not submitted to the court file as of yet. How long do they have to submit it?

4. How long do we have to respond? I can't find an answer on this anywhere!

We have a Settlement Conference arranged for March 2, 2016. We do not want to give her any reason to be able to say that he's not answering or doing his due diligence.

There is definitely way more to the story on this case (think of Izyuk vs Bilousov), so any hope, glimmer of, or advise you can provide would be GREATLY appreciated!

StepMonsterInHell

[dinkyface]

If equalization is the issue, then financials after split are not relevant.
If CS is an issue then only his income, not assets are relevant. So again, your balances are not relevant. His tax returns should be sufficient.
Is he self employed, and/or have you ever hired each other? That makes it easier for them to justify the need to see your and his personal financials.

[arabian]

Is your spouse self-employed?

There is no hard-and-fast rule limiting financial disclosure requests.

Unless you are at a non-arms length in your spouse's business (employee, director) their requests might very well simply be a fishing expedition.

[StepMonsterInHell]

He was previously self employed in 2010/2011. The economy crashed, so he obtained employment from 2012 through to today with a reputable business. It has been explained to the other party that he has had no claims through his registered business since that time, and that his only source of income was through where he currently works. She's fishing, bc he used to work in construction doing commercial work. They would go up north, work for a week at a time, work 80+ hours, bang out buildings, income would be $50,000 net. When they separated, he quit doing commercial work to ensure that he was there for his children - yes custody, access and support have all been in question for the last 6 years. He worked out of a local shop instead, but they had him invoice the store rather than adding him as an employee - this is where the "self-employed" comes from. The economy crashes, the store no longer has work for him, so he looks elsewhere, and is hired on through another shop 45 minutes away, but they add him as an employee. What she doesn't understand is that for the last 6 years, he hasn't worked in commercial construction, therefore there is going to be a significant reduction in his earnings, which she feels that she is entitled to, and wants everything set at what he used to make, not what he currently makes. This is coming from someone that has chosen not to work for the last 8 years, and has been receiving Ontario Works funding that entire time. I'm not against funding by any means, but when you have no disability, and no reason not to work, they should be cut off somewhere - especially if there is a legal aspect to it all. She is claiming that bc i have a well paying job, that my income is relevant in the child support claim, and that I am hiding money bc that's what spouses do.

[arabian]

It's no secret that many people work under-the-table, particularly people in construction/trades.

I would suggest that your ex simply provide his current information once again along with documentation showing he closed his business CRA accounts (HST). As your spouse was self employed for a period of time he would have been responsible to provide for his own Workers Compensation coverage. You could also submit statement which shows date when his coverage ceased (presumably when he became an employee). In the end, however, the onus is on her to prove he has a side cash-based business.

Your income is irrelevant unless they are claiming undue hardship.

[StepMonsterInHell]

Any ideas on how long they have to submit the Form 20 to the continuing record? Or how long I have to respond to this material?

[arabian]

My personal opinion is that I'd ignore it particularly if the information is readily available on the continuing record. Your spouse has a conference coming up and he can simply provide his current tax return (if it's ready). IF it's not ready then "oh well" he simply states he will provide it in due course.

Other side can ask all that they want but doesn't necessarily mean that they are entitled to the information.

Others may disagree though and keep in mind that I have had experience with Alberta courts - not Ontario.

I'd take pleasure in driving up legal aid bill.

(I also wonder if not having their request entered on the continuing record is an indication that this is merely an intimidation tactic on their part?)

[StepMonsterInHell]

I don't even understand how one can retain Legal Aid for 6 years! We've spent the equivalent of one daughters University funding, just so far! Every stall tactic from their side has been used, including not showing to court 3 times - twice for settlement and once for a contempt motion, all this year alone. Ugh... Perplexing is all I can say.