Summoned Witness - Do they have to go?

[standing on the sidelines]

now i see why you ex wants it included as income. there is no proof that you are paying the 350 to the care provider.

[Berner_Faith]

Its fine you are paying cash, but what receipts do you have for proof? Your bank withdrawls don't count. Where are your receipts from the service provider?

[GoDiegoGo]

It's family, so I can get receipts... never asked for them before.

These are services that I need, and can't do from my wheelchair, so the fact that they are being done should be proof that I'm getting help.

I can't say what others do, but I need these services and pay each month from my account. I will get receipts as well. The insurance submitted letters that I need these services, that they meet with my provider, and pay the money for her. Then my service provider has submitted a letter stating she is providing the services and being paid.

what else can i do?

[arabian]

The fact that the person who was in receipt of money for services rendered does not want to go to court to answer a few simple questions makes the whole thing suspect in my opinion. If your ex pursues this matter the $4,200.00, which is essentially unaccounted for, will likely be a small matter compared to your credibility being damaged. My ex was dishonest in his initial dealings with the court and my lawyer made sure to bring up this dishonesty each and every time that we were in court thereafter. The end result was that the judge did not rely on any of his evidence that the ex submitted in future litigation.

I would caution you to be very, very careful if you cannot substantiate the small amount you pay to your relative. If it is shown that you participate in dishonest transactions in one part of your life you are likely to do the same in the rest of your life, your future affidavits won't be worth the paper they are written on.

[arabian]

This doesn't just have to do with CRA. IF someone is performing a service for you and is injured on the job you can be held liable. I believe you would be required under the Workers' Compensation Act, as an employer, to provide coverage for her. It might be incumbent upon you to look into this.

[standing on the sidelines]

It's family, so I can get receipts... never asked for them before.

These are services that I need, and can't do from my wheelchair, so the fact that they are being done should be proof that I'm getting help.

I can't say what others do, but I need these services and pay each month from my account. I will get receipts as well. The insurance submitted letters that I need these services, that they meet with my provider, and pay the money for her. Then my service provider has submitted a letter stating she is providing the services and being paid.

what else can i do?

i am not sure what you can do. You get receipts now and the judge will look at them and know they were written up just for court. If your relative did claim it on her income tax then that would be the concrete proof you need.

Yes things that you need to be done are getting done, that doesnt mean you are paying someone to do it.

[arabian]

I was once audited by the Worker's Compensation Board in Alberta. A former disgruntled employee decided to have some fun with us. WCB came in and did a very thorough audit of my books. I recall it took over a week. While I've been audited by many government departments I have to say the WCB was the most thorough and scary.

My recommendation to you would be to find out who is responsible for WCB - you or the 'service provider.' Have your relative prepare detailed statement and take it to a lawyer or commissioner of oaths and swear an affidavit. If your relative is indeed too sick to attend court then she should get a medical certificate/letter from a physician specifying why she is unable to attend court. I do not know the specific steps on doing this but perhaps duty counsel can advise her.

[GoDiegoGo]

My ex was arrested for DV and very abusive throughout our marriage. She's on tape admitting all the horrible things she's done and the fact that I've been a great dad. She tried to flee with the children, and breached court orders. She was in breach and found in contempt with her first husband. She has been caught lying to the judge, police, cas...

With all this, I still hear her claims everytime we're in court that I'm the one who's dishonest and abusive.

I'm not worried about all the claims she keeps making, but I definitely don't want the judge thinking badly of me. I will get receipts and hopefully still convince her it won't be stressful and she should go. I just want to make sure I'm doing all I can to protect myself if she chooses not to.

[arabian]

I am sorry you are in a wheelchair.

I am aware, however, that wheelchair-bound individuals are quite capable of being abusive. Your ex was a terrible person but you married her. Anything that went on in her previous marriage is irrelevant. I'd drop that line if I were you - Judge's weren't born yesterday.

[GoDiegoGo]

Anyone can be abusive, regardless of disability. The fact that she is on tape admitting all the abuse she's done to me and the kids, and the fact that she states that I've been a great dad... should go in my favor. Yes I married her, and yes it was my mistake for getting married so fast without really knowing her. The "craziness" came after we got married... once the kids came, like a true victim, I tried to tell myself it will change and to stick it out for the kids... after her 3rd big attack, I knew it wouldn't change and I had to seperate for the kids.

Regarding my service provider/sister, again I will push to convince her to attend the motion. If she is adamant in not wanting to go, I will get another affidavit from her and attach her medical letter to it as well. I believe that is all I can do at this point.

[Berner_Faith]

Why isn't she claiming this as income? She is committing tax fraud if she isn't.

[GoDiegoGo]

I really don't know if she is...

She's not working, so I think she wouldn't have to pay anything if she did claim the $4k a year.

Plus she only started to help me in Jan 2012, so I don't think she's done taxes since then...

Before that my ex did the services and was paid for it.

I know it may seem like she doesn't want to go to court for tax purposes, but it really is just a stress/health issue. She is extremely cautious of her health now with the cancer and will do anything she can to avoid the stresses.

[Berner_Faith]

The only thing that may help your case is that she has not prepared her taxes, however there really shouldn't be any stress if she is doing everything legal, what stress will she endure? Seeing as she is not working she will have a simple tax return, which will take no time at all to prepare. Have her prepare it and submit that as proof.

[GoDiegoGo]

I know some people don't like hospitals... so i guess her thing is court.

My ex has made so many lies and claims over the past year, so there's no saying what she'll say/do at court.

My provider doesn't want to attend, be accused of nonsense and have the pressure of defending herself.

[wretchedotis]

I'm pretty sure that the summons the person receives spells out pretty clearly that persons options.

Read it?