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STBX running a cash business - how to gather evidence ?

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  • #16
    Originally posted by rockscan View Post
    This is good advice too.

    Also, if she sells a product that is from a brand name with local retailers that are listed, search for that too. For instance Tupperware, stamping Up and scentsy all have places to search for local “consultants”. If you can get a time/date stamped screenshot, that helps too.

    MSMom, while your advice is sound from an accounting standpoint, PND is trying to prove his ex is lying more so than she is making money. In his case, proving she is not credible throws out about 95% of her materials. Most of his info can come from free sources too not paying for a PI.

    (Also, I believe its in the tens of thousands she will owe him over a long period of time so its totally worth it...)
    STBX is selling honey and honey derived products. Good money, good margins. So far I have pics and a letter from one of the executives of the related market.

    If she wasn't so damn dishonest, I would pay her a generous lump sum of SS and move on. But she is, and I spent 4 years proving to CAS that I am the better parent. As you know RS, my kids live with me. I was even granted sole control of the children's RESP, which I had to freeze at the time of separation.

    Sigh... point is, the more I can expose her egregious lack of credibilty, the better for everyone.

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    • #17
      I am considering subpoenaing her supplier. She used to date him I understand.
      Last edited by plainNamedDad44; 09-10-2018, 03:32 PM.

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      • #18
        Originally posted by MS Mom View Post
        The point is, don't spend dollars pursuing pennies, no matter how principled the argument is.
        I actually agree with this as a lawyer. My family lawyer takes the same approach. My ex has stayed silent on our requests for child support- and both him and his lawyer have ignored requests for his 2017 tax return. I'm fairly certain he actually moved huge amounts of money from the account that was supposed to be joint (a whole other story) to his RSPs to create contingent tax liabilities to reduce his NFP. Both him and his sister are accountants- they'd know this.

        So I asked my lawyer:

        Shouldn't we demand his 2017 return?
        Should we ask for the saving accounts statement for the last year?
        Shouldn't we ask for his T4 from the marking he does on the side for the CP?

        etc etc etc


        My (new) lawyer was like 'slow your roll', strategy. do not waste your money on me corresponding needlessly with his lawyer. The new strategy- get our house in Toronto sold- tie up the proceeds until we mediate a settlement. If we have to go to court, we will.

        But yes- find out the information on your own. Arm yourself for sure. But do not start bringing motions or tyring to put this in front of the courts yet.

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        • #19
          Originally posted by iona6656 View Post
          I actually agree with this as a lawyer. My family lawyer takes the same approach. My ex has stayed silent on our requests for child support- and both him and his lawyer have ignored requests for his 2017 tax return. I'm fairly certain he actually moved huge amounts of money from the account that was supposed to be joint (a whole other story) to his RSPs to create contingent tax liabilities to reduce his NFP. Both him and his sister are accountants- they'd know this.

          So I asked my lawyer:

          Shouldn't we demand his 2017 return?
          Should we ask for the saving accounts statement for the last year?
          Shouldn't we ask for his T4 from the marking he does on the side for the CP?

          etc etc etc


          My (new) lawyer was like 'slow your roll', strategy. do not waste your money on me corresponding needlessly with his lawyer. The new strategy- get our house in Toronto sold- tie up the proceeds until we mediate a settlement. If we have to go to court, we will.

          But yes- find out the information on your own. Arm yourself for sure. But do not start bringing motions or tyring to put this in front of the courts yet.
          The matter is scheduled for Nov trial sittings. I have been at this 6 years.

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          • #20
            Originally posted by plainNamedDad44 View Post
            The matter is scheduled for Nov trial sittings. I have been at this 6 years.
            Oh shit. off you go then.

            Good luck.

            Are all her tax filings for the last 3 years up to date?

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            • #21
              Originally posted by iona6656 View Post
              Oh shit. off you go then.

              Good luck.

              Are all her tax filings for the last 3 years up to date?
              nope. Its a real sh4t show. The only tactic they have in hand I believe is to try and negotiate minutes of settlement close to trial, under high pressure. thing is my stuff is documented 7 ways to Sunday and I have provided a more than reasonable offer to settle. So far we still can't even agree that the sky is blue. Sp if they want a trial, they'll get one.

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              • #22
                Not to mention that everytime (or so it seems) she is obligated to provide documentation, she pulls some other stunt like filing a motion for something or refusing to sign something etc.

                Im glad youre getting close to trial and even if she agrees at the last minute and you lose costs, at least it ends the saga.

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                • #23
                  Originally posted by rockscan View Post
                  Not to mention that everytime (or so it seems) she is obligated to provide documentation, she pulls some other stunt like filing a motion for something or refusing to sign something etc.

                  Im glad youre getting close to trial and even if she agrees at the last minute and you lose costs, at least it ends the saga.
                  yes, thank you. Kids are taken care of, their RESP is taken care of, now I am looking forward to having my life back.

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                  • #24
                    You may never actually figure out what she’s currently actually making. I’d focus on imputing an income, since clearly she’s able to stand, set up, take down etc herself, so not disabled. Minimum wage at $14 an hour is almost $30,000 a year full time. It’s unlikely she’s making than that working weekends.


                    Sent from my iPhone using Tapatalk

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                    • #25
                      Originally posted by mom22girls View Post
                      You may never actually figure out what she’s currently actually making. I’d focus on imputing an income, since clearly she’s able to stand, set up, take down etc herself, so not disabled. Minimum wage at $14 an hour is almost $30,000 a year full time. It’s unlikely she’s making than that working weekends.


                      Sent from my iPhone using Tapatalk
                      It's not about how much she makes, it is about her claiming she is unable to work. The amount she makes is secondary.

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                      • #26
                        Originally posted by blinkandimgone View Post
                        It's not about how much she makes, it is about her claiming she is unable to work. The amount she makes is secondary.
                        Bingo. I am meeting a PI tomorrow.

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                        • #27
                          Is she operating her own business as a "reseller" of this Honey? Or is she a paid employee working markets for the Bee Keeper? Some Farmers Markets are very strict about letting resellers in, but OK with employees selling. She could be being paid an hourly wage and/or commission, in cash from the Bee Keeper. Either way its hard physical work setting up tents and tables then doing tear down, so if she is claiming any disabilities, there out the window now.

                          Since she is selling a food, she would be inspected by the Health Department from the City of where the Market is located. You may get some info from them if she is a "reseller" or working for the Bee Keeper.

                          Comment

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