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Financial Statements and Spousal Support

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  • Financial Statements and Spousal Support

    Hello Everyone!

    Been a while since I posted, it's been a very busy week. My fiance had his case management conference on the 27th, and things are looking ok. Seems the judge has dismissed her claim to equalization, believes that this has already been done. She recieved $20,000, but he assumed all debts and remortgaged for $85,000...doesn't seem equal to me, but he's winng to live with it since he gets to keep the house he built!

    She claims she can't work due to depression (their son died last year at 23) and that she was depressed when she left. To our knowledge, she has never seen a doctor for this, is not on medication, and refuses to seek counselling. She was working part-time when she left, and lost that job in 2007 (she left in 2004). Her lawyer didn't even know this!

    She's been on assistance ever since, and her lawyer is free! He can fight this to the end, but it will cost $$$$$$$$$. If she can't work due to depression (a disability), why isn't she on ODSP? - because there isn't a doctor who will sign the paperwork required!

    If anyone should be depressed, he should. In the last 7 years he has lost both brothers, a younger sister, his father, his stepmom (his mother died when he was 19, 53 now) and his son, who he had custody of and took care of (he was learning disabled). Lost his son and his stepmom in the same week! Yet he continues on...he is a true man....

    She used her son's death to get her licence back (lost it for driving without insurance) and is trying to play the sympathy card now (dirty pool). She also claims that she is destitute, but we know that she is living with her parents, and is not on the street (a friend has spoken to her father, who wants her out of his house - he probably doesn't know what she's doing).

    I have been working on his finasnciaal statement (I'm the brains, he's the brawn). Turns out the he has about $3,000 a year left over. She wants $1,700 a month! I contibute $650 a month, from my disability income...with the remainder I provide for mine and my son's personal expenses (my personal care, his school and clothing needs (he's 13)).

    She has filed a Financial, he has not received a copy yet. I still have to value the assets, but his is looking pretty bleak. There were no assets at date of marriage, things weren't worth much n the date she left, and they aren't worth much more now...perhaps he has a chance.

    He's willing to give her half his CPP (though she doesn't deserve it), but his inheritance (Left to HIM, AFTER she left) and his tools (required for his job) are excluded BY LAW!

    Forgive me for the length of this a lot to get off my mind. Thanks for listening an letting me unload, Any thoughts or experience you have would be most appreciated!

  • #2
    How long was this marriage? Was percentage of equity did she really get?


    • #3
      Married 17 years...they had nothing when they married, and when she left there was only the house (85,000), two vehicles and 40,000+ in debt,

      He assumed all the debt, she got her car and $20,000...he got the house, his truck, and an $89,000 mortgage.


      • #4
        I don't understand what her son's death has to do with driving without insurance or getting her licence back or what it has to do with them getting seperated/divorced. I think I'm missing the link here.


        • #5
          Actually, you're not missing the link. The whole point is there is no link. She played the sympathy card to get her licence back (telling the judge that she had lost her son, and how distraught she was) and it worked!

          His death had nothing to do with why they separated, since it happened almost 5 years after she walked out. She's claiming that this is why she's so depressed that she can't work, and therefore needs him to support her. Frankly, I find it disgusting that she would even drag his death into the situation. She wasn't there for him when he was alive, and now she's using his death as a weapon. I was the first one on the scene when he died...had to tell her parents, who tracked her down hours later, and tell his father...if her son klnew what she was doing he would be disgusted.

          I hope that the judge will see through this shameless ploy to gain sympathy!


          • #6
            Ok, I just didn't get how her son's death over-rided the fact that she was caught driving without insurance or why they'd give her a new license without insurance because her son died.

            Hopefully you and your husband get some resolution soon, it sounds like a very difficult situation indeed.


            • #7
              Thank is difficult. I'm having a hard time with the fact that she is using totally unrelated events in order to gain sympathy for her situation. Her son would be disgusted with this.

              Fact is, she doesn't want to take care of herself, she wants her ex to do it for her. We know that she has a drug addiction, and that she does several things outside the law. But while we know this, it is difficult to prove, and besides, our momma's taught us better than that! We both refuse to stoop to that level, and prefer to handle this in the proper fashion. One can only hope that the truth will prevail.

              Meeting with the lawyer this afternoon...hopefully we can get some resolution.


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