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  • Ex won't disclose financials

    Hi. The June 15th deadline for my ex to disclose financials and t1 tax returns etc under section 21-1 of the guidelines has come and gone.
    Do I prepare a motion to get a court order for the disclosure?
    What's the best way to go about getting the disclosure? I'm not sure about starting a motion to change at this time but want the documents. It's already court ordered that she disclose by June 15th of each year. Thanks.

  • #2
    What I did was send the OP an email requesting disclosure and reminding of the court order terms and also attached my disclosure at the same time. My date passed on June 10th therefore Iím filing a Motion to change child support with the courts and requesting costs.i spoke with a lawyer and they said there is a chance I could get costs awarded as the OP is making it difficult by not abiding to the terms and me having to take it to court to get updated. Iím self replying as itís pretty straight forward if it does not include access or custody.

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    • #3
      You could also file a form 20 I believe. If you think their financials are the same its not worth a motion to change because nothing has changed.

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      • #4
        Thatís correct I believe Rocksan. Iím filing the motion as I know for sure the OPs income has increased.

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        • #5
          Ex refuses to exchange financials

          We have a final court order that outlines that we are to exchange financial documents (tax assessment) yearly around June.

          Neither of us complied by exchanging the documents at that time.

          I asked 3 weeks ago for the documents, her lawyer 1 week ago but I was ignored.

          Do I file a form 20 or a motion?

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          • #6
            did you provide your documents?

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            • #7
              Merged this question with a thread on the same topic.
              Ottawa Divorce

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              • #8
                Originally posted by iona6656 View Post
                did you provide your documents?
                I did not because they were unprepared to show theirs and I don't think there is much of a change but I really do want to see them.
                But it sounds like I should do that first.
                Last edited by pinkHouses; 10-13-2020, 09:05 PM.

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                • #9
                  Originally posted by pinkHouses View Post
                  I did not because they were unprepared to show theirs
                  If you have a court order that says you are to exchange documents by certain date, you do it regardless of whether or not your ex can reciprocate. Why not take the high road and ensure to look good if you end up in court? Show that you are following orders, and they are not.

                  Imagine being in court and the judge asks you "When did you file your taxes? When did you get your assessment? When did you share your documents with the other side?"

                  What would your response be? "I didn't send my documents, despite having them ready, because the other side wasn't ready or unwilling to show theirs"?

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                  • #10
                    I hear you and will get on that.
                    There are some complicating factors......yes. I hear you.

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                    • #11
                      I disclosed my financials as per my final court order and asked for some in return. We were supposed to do it during COVID but I put it off.

                      I sent the Form 20 dated September 1 2005 and asked for financial documents required by section 21(1) of the Guidelines and other information we were required to change the support amounts.
                      We are supposed to exchange CCB information too.

                      The other lawyer said "no":
                      "Form only applies to CAS matters as per Rule 20(3)(b) of the Family Law Rules." they also said the file is closed and so he will not be giving you any disclosure.

                      https://www.ottawadivorce.com/forum/...ad.php?t=12960

                      I have the forms I need to change support: Form 15, 15A, 35.1, 13.
                      BUT I don't have the information for exchange in the court order.

                      So I have to file a Motion to Change and start a whole new thing?
                      Or do I just file a Motion to obtain the required documents.
                      What is the deal with form 20?

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                      • #12
                        His lawyer is an idiot. As long as there is child support to be paid, he is obligated to provide financial disclosure. You can respond and advise the lawyer of that. For instance:

                        Thank you for your response however you are incorrect. Your client is obligated to provide ongoing financial disclosure as per the Federal Child Support Guidelines and item XYZ in the order (ATTACH THE ORDER). Should your client refuse to provide proper financial disclosure by DATE, I will be filing a motion for disclosure and seek costs. I appreciate your immediate attention to this matter and look forward to receiving those documents.

                        If you think their income has increased then I would have the motion to change ready to go. You can simply put in there ďto be determined by the courtĒ where it asks for support amounts and also add in your document that you provided disclosure on said date and requested disclosure twice but was denied.


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