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Lesley21 08-21-2010 10:59 PM

can ex force payment of forensic accountant at a motion
My common-law ex at a case conference requested I disclose all of my financial tracings, etc for my investments. I did this and now one month before a settlement conference they are sending me a letter stating if I do not pay 5000.00 dollars, my half of a forensic accountant they want to hire, they will bring a motion. They said they will get it and I will have to pay their costs. I have not hidden anything and I would cooperate with a forensic accountant they hired. I don't need the accountant I understand all of the documdents. Is this possible?
My lawyer doesnt want to fight a motion said maybe we should just do it. They have been doing this all along trying to make a resulting trust and constructive trust claim all at my expense. I am tired of giving into every demand. Anyone experience a motion like this before?

dadtotheend 08-22-2010 08:42 AM

A lot of times those threats are blowing smoke. Why should you pay half just because your ex doesn't believe you?

But it's hard to say whether they would succeed. Is there contentious issues? Complicated situation? You don't describe antything that would seem warrant the involvement of a forensic accountant.

Lesley21 08-22-2010 12:51 PM

Well her lawyer told my lawyer she doesn't understand it so she believes an accountant will spell it out to her. She did not follow through on an order of questioning, I also wrote several letters to her lawyer saying I would meet with her, answer questions, provide documents. She keeps telling me I don't give her facts, only explanations. I provided a list of reasons why I am not cosnenting and if I have to pay costs at a motion what can I do. I am willing to cooperate with any accountant she hires and I had to pay accounting and banking fees (a couple of thousand dollars) myself. Can I seek half of that payment? My ex's lawyer is very unreasonable and will not agree to anything in my favour. She ignores everything I point out to her correcting her mistakes and additions. This Family Court system sucks. The Judge did nothing at the case conference except grant orders and suggest mediation.

dadtotheend 08-22-2010 12:57 PM

Let her bring her motion then and let her pay your costs of the motion. Your explanation that her lawyer doesn't understand it and therefore a $10K accounting needs to be involved hardly seems reasonable at all.

If her lawyer is going to play hardball like that, push the matter forward towards trial at every opportunity in order to promote settlement. Being disagreeable and ignoring you are tactics that reek of someone trying to squeeze money out of her client. Keep pushing for the next stage of settlement. It's your fastest way out.

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