Announcement

**HammerDad** · 07-27-2010, 12:56 PM

What did his separation/court order provide regarding spousal support? Does it say he pays for a specified period of time etc.

When you say she goes to court and claims poverty, you realize that she actually has to prove it. She has to provide tax returns etc if she is requiring disclosure from you. If she has excessive spending habits and is living outside her means, that is not his responsibility as she should learn how to budget better.

But when they go to court to redetermine spousal support, and she claims she has no money, she has to provide tax returns for previous years to prove it.

**besidehim** · 07-27-2010, 01:01 PM

she lies .... she has continuously gone to school and taken courses to start a new career and after a month of doing it she quits for reasons of "her kids" and starts a new course ... 3x now !!

his lawyer was ASS for him when they divorced.. he cant ever change the amount of the support.. only the duration... and she continues to cry poverty ! she says she is $100,000 in debt on her credit cards ! I have no DOUBT on that one.. she hasnt worked in 10 years... she bought a $550,000 house with NO JOB... has the kids in $2000 a year dance classes, $5000 a year private school... NO JOB !!!!!!!

we live in a small, rented townhouse.. we never do anything extracurricular like going out for dinner, trips, nothing.. we live within our means.. she took them on 2 vacations so far this year..

she is supplementing somehow and NOT disclosing this ... i keep wondering if she's prostituting on the side.. cause there is no way any of these numbers add up! Oh.. and the shopping never ends... we have all her purchases from ebay... and this list so far is about 200 items this year alone!

**HammerDad** · 07-27-2010, 01:43 PM

If she has no job, have the court impute her income. She can't be earning nothing.

Using her expendatures as reference, you argue that if she is spending X amount a month, she should be making Y amount per month to justify those expendatures. If she says she is running a deficiet each month, that is her problem. She will have to argue that her income is less that what her expenses appear to make it. She spends 12K a month, she should be earning about $12k a month. Otherwise she is dumb for running on deficit financing.

If she says she no job what-so-ever, and you are unable to have the court impute her income in line with her expenses, you then argue that she cannot be earning $0.00, as she has an obligation to provide for the children, just as he is. Your fallback then is to have her income imputed at what her earning potential is. If she has courses and skills, find out what the average income for someone with those skills is and request the court impute her income at that. If you can't get any skills out of her because she never completes anything, you request the court impute her income at full time minimum wage.

She must earn something. A court will not allow her to earn nothing. But a court will not grant you any relief that you don't ask for. If you don't ask for the court to impute her income with one of the three possibilities starting with an income equal to expenses, then to her skills and then minimum wage, they won't grant such relief.

The courts aren't there to grant relief on what it may think you want, only what you ask for.

**#1StepMom** · 07-27-2010, 01:54 PM

HammerDad said it well.

If your fiance is providing her with his income tax return and notice of assessment, she should be providing him with hers. It's a mutual exchange of documentation, especially when determining proportionate share of special and extraordinary expenses.

If she does not provide it, she is in contempt of court.

You can easily request from the Court an order for disclosure of financial information... especially if you can show documentation that things don't add up on her end. Then, she will be ordered by the Court to provide you with it.

If she doesn't, you can hold her in contempt of court. The judge can even request for Revenue Canada to provide the information on her behalf is she is unwilling to co-operate.

You just have to go to court, explain the situation, and ask.

Good luck!

**besidehim** · 07-28-2010, 01:34 AM

ty all very much! first step is done.. he has requested, very politely, if she will give him a copy of her 2009 tax return and notice of assessment... we shall follow your advice from there if she does not wish to comply

**standing on the sidelines** · 07-28-2010, 06:18 AM

how does she get the bank to put a mortgage on a half million dollar home with no income??

**besidehim** · 07-30-2010, 02:00 AM

i believe either her mom cosigned or she used the past business they owned during the marriage, that was signed over 100% to him at the time of the divorce, on her information...

but i think it was her mother ... the enabler.

**besidehim** · 07-30-2010, 02:00 AM

i believe either her mom cosigned or she used the past business they owned during the marriage, that was signed over 100% to him at the time of the divorce, on her information...

but i think it was her mother ... the enabler.

**besidehim** · 08-03-2010, 10:53 PM

well... she has just sent a glorious email in response to our request for her 2009 tax return(s) and notice of assessment. She claims to have filed bankruptcy and is using even the kids "milk money" to help finance her new business....

She claims her 2009 is even less that her 2008 which was hardly worth a spit... I would love to know who she's sleeping with to get her bills paid (bad humor i know) !

She has been told she has 24 hours more to send the reports or i guess we go to the court and ask for disclosure of full financials! Can we ask for her bank statements? Her mortgage? Her bankruptcy claim? What is within the guidlines of this request ?

thanks in advance !

**besidehim** · 08-03-2010, 11:03 PM

oh .. i forgot to add... she says since the bankruptcy she has to pay everything in cash.. but since her business is barely started and makes no money and she has no other job.. how can she have cash?

She said before she would get cash advances on her credit cards... Doesnt bankruptcy mean you cut up all your credit cards and no longer have any??

I feel over my head here.. any advice is loved!!!

**standing on the sidelines** · 08-04-2010, 06:44 AM

Have you checked out a bankrupcy website to see what the requirements are to claim??

**Mess** · 08-04-2010, 07:10 AM

With financial disclosure she has to provide up to date bank statements and debt statements. At least we did. What you actually want is about 6 months of statements so you can track her income and spending and show a pattern of some kind. You can ask for this if can show that it is relevent (ie that she has been hiding income) and it is up to the judge to decide.

You have a much better chance if your own financial statements are clear, complete and in perfect order. This emphasises what a mess she is and how she could be hiding things. If your financials are a mess too, then what is a judge to conclude?

You should file a motion requestion an order that she provide full disclosure within 30 days. Meanwhile I would send her a letter/email stating that you have no interest in her descriptions, you just want statements and returns and notices of assessment. Her refusal to provide these will result in immediate court action. You do have an obligation to not waste the court's time and to try very hard to get what you need.

**dadtotheend** · 08-04-2010, 11:44 AM

There is no way she declares bankruptcy and gets to keep the house if it's in her name. It may be in her Mom's name.

**besidehim** · 08-04-2010, 11:46 AM

ya... we spoke last night and came up with her having put the house in her mom's name.. has to have...

that means when she goes for her support and expenses... the "mortgage" of 2500 a month is no longer hers.. right?

Announcement

Quick Question.. ^^

Quick Question.. ^^

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment