A Bunch of Questions

[E-Gal]

Q 1 : I filed a Financial Statement, but did not put down on my list my personal items, like musical instruments that I use for work - is that going to be a problem. Also I had a couple of jewelry pieces given to me by my dad when my mother passed away - I didn't put that in, and my laptop which I use for work ?
Is that going to be a huge problem because I didn't put that on my sworn financial statement, or can I ask that it be amended at the Case Conference ?
I don't want to get into trouble with the judge.
I didn't think about it till now.

Also, when the Financial Statement was done - I wrote purchase price of house, and also what I thought the value of it was as of the date of staement? I notice the amt put in the 13B statement is the purchase price of the house.(that was his figure) The house was upgraded etc and should be valued more. Is there anything that can be done about that at the CC or after to amend it ?

Because the debt load of our Credit Cards was all under my name during the time of our marriage, when assessing the financials - what happens to the interest that has been accumulated and that I've had to do the monthly payments since November 2009 ? Is that taken into account to be divided between the two of us ? Just doesn't seem fair that I have to pay for it, while he sits on the house and won't sell it and I'm left paying the debts still. He's defaulting on the payments that he said he would do - i.e. not paying the RESP for our child, not paying the monthly bank loan and L/C which he used to purchase things for the house, besides his beer.

Which begs the question - because we bought the house in May 09 - moved in Sept 1st and separated mid Sept and I moved out Nov 09 - the bills accumulated to buy things for the house i.e. building material etc - also my unfortunate luck to have to be under both our names - when it was obvious he wanted the house and probably racked up the bill so I could pay for it too ? Or how does that get worked out ?

Q 2 : Also, typically at the CC can the judge usually ask the spouse to pay the retroactive child support. I haven't received anything since November 2009 and some money now would be very helpful if there is a chance to get a cheque then. Does that every happen ?

Q 3 : The Case Conference Brief - Do both lawyers get to see each other's briefs. In the brief that my lawyer submitted had a summary report from my daughter's Yellow Brick House counsellor which outlines her sessions with my daughter. My daughter is very upset that her dad might see her private session discussions with her counsellor and get upset with her and she's afraid. How can I protect my daughter in this instance.
We have both agreed that if the judge thinks it necessary to involve the OCL. But do they get involved when CAS is involved ?

Q 4 : Can I ask for a Divorce to be added on to the CC ? Due to domestic abuse ( it's mental, financial, emotional abuse and physical). When I put in my app - I was not ready. I am now.

Any help would be appreciated in clarifying the above for me. Thanks in advance.

[Mess]

In theory you should have included the value of all your items like musical instruments that certainly had intrinsic value (they will be worth as much in ten years as they are now, usually). But I doubt your ex included everying either. If he doesn't challenge it you will be fine. If he does, you will amend the fiancial disclosure then. The financial disclosure has to updated for each conference and you could change it if you need to. In our case, we just entered something like "value of personal belongings already split" meaning we agreed on what was whose when we moved out.

For the house value I have no experience.

For the credit cards, if it was in your name, it is your debt. Any increase in your debt since marriage will be subtracted from your share of the house and other assets, so you don't completely lose. It is possible to also claim undue hardship if you are paying down a lot of debt that was incurred for the family (including your ex) although this is complicated argument that isn't always accepted. For the most part you are stuck with the debt, but you can count it against your share of the house.

Don't overthink the equalization. The value of assets at separation minus the value at marriage = the net value. Your debt at separation minus your debt at marriage = net debt. Subtract debt from asset. That is your net gain during marriage. Do the same for him. Add your net gain and his net gain. Divide by 2. This is what you split. Don't fuss about whether money went to groceries or to building supplies.

At a case conference, a judge can only sign an order if both parties agree. Usually they will pressure for interim support if the case is clear. They can't make a final ruling and therefore can't order arrears. After the first case conference you can then file a motion for an order which will be even if your ex won't agree. This also can't really be for arrears because that will require a final ruling at a trial. But in between you should be able to settle when it is obvious that he owes arrears and you both want to avoid trial (hopefully).

Both sides get to see briefs, and all other documents and evidence. This is only fair, and if not the trial would be appealed. The reality of submitting any evidence is that your ex will read it. If it is important and relevent then you have to live with that. If you didn't need to add it, then that is something you should have decided before submitting it. You are essentially publishing it.

You cannot just ask for a divorce at the CC, but if you reach a settlement prior to the CC and the judge is willing to sign the minutes of settlement and make it an order, you can get a divorce added to the order. This also means you have to be at the correct court for divorce, divorce is a federal jurisdiction and you have to go through the right court to do both at once.