Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 05-16-2019, 06:20 PM
Fightingfortruth Fightingfortruth is offline
Junior Member
 
Join Date: Nov 2018
Posts: 1
Fightingfortruth is on a distinguished road
Default Support and Costs fully UNPAID

I've found this forum extremely useful as a SRL in a very contentious and difficult divorce, thank you.

This is my first post - need some assistance please with garnishments, requests for information and default hearing.

My ex has refused to participate in the process for almost 2 years. In November I had an uncontested trial and had his pleadings struck. I was awarded everything I was asking for. He has never appealed or tried to file any motions to change. He has NEVER financially disclosed, submitting a false 13.1 with his response and NO tax returns, statements of account, proof of income, etc. He also deliberately left off $500,000 worth of assets he had hidden from me and attempted to make up expenses and debt to offset the income he did claim. I have received a divorce order, and the only outstanding issues are property equalization, for which I have another uncontested trial set for judgement June 24, 2019. The Respondent has already been found in default in the equalization issue.

Despite having a final order for spousal suport, child support and S. 7 expenses that is 6 months old, he has not paid a cent. FRO is involved, and when they garnished him, he quit his 8 year job. The next day. As far as FRO and myself can investigate, he has not worked since quitting in February or is working for cash somewhere in the construction industry. He left a high paying, unionized job with amazing benefits to avoid paying support.

I was also awarded $10,000 in costs as an SRL in November, for which I have started garnishment proceedings, but am having little luck with no financial disclosure. He refuses to pay this of course.

FRO finally started garnishment proceedings for the support and he was served March 1, 2019. He never filed any of the required financial disclosure for the default hearing with the Court. The date for the hearing was April 15. However, the day prior he hired counsel for the default hearing only (to save his own ass). The counsel did not show up but sent a letter to duty counsel saying he needed an adjournment, which was granted. Now the default hearing is coming up again next Tuesday, and from what the FRO lawyer is telling me, the lawyer is going to send an agent - meaning that they are most likely asking for another adjournment. I am so frustrated with this process. He still has not financially disclosed. He is over $52,000.00 in arrears, with $2,500 due monthly. He has not attempted any motion to change - which he cannot pursue without special permission of the Court due to his pleadings being struck. He does not have a leg to stand on even if he is granted permission for the motion, as I know he earned what was imputed by the judge in November, and he has only refused to pay to continue financially abusing us. He has made NO effort to pay, and has favoured his own interests over the rights and needs of the child. My son and I have been on social assistance, as he is well aware, while he earns over $70,000 per year plus benefits. I have full, sole custody, as awarded by the Courts in November, and also have a 5 year final restraining order against him due to the domestic violence (for which he is still on bail and finally facing trial end of this month).

Long story short, here are my questions:

1) Do I have any right to address the Court in the default hearing next week? Either through duty counsel or an affidavit? The FRO lawyer doesn't seem to get how desperate I am having not received a cent from this deadbeat in almost 2 years. As lawyers usuallly do in a small town, he will agree with whatever the payor's lawyer is asking, in my experience. An adjournment will mean at least another 2 month delay in receiving anything from this payor or having this heard by the courts. He is, of course, facing jail time. As he has not even financially disclosed for the default hearing, has a history of doing just this, prolonging matters with no subsequent outcome, and has had his pleadings struck, i do not understand why a deadbeat like this would be given any further special consideration or adjournments. He has had this lawyer on retainer for over 6 weeks now and nothing has happened.

2) Should I file a motion without notice to request that the payor submit a financial statement? I know he will most likely not comply, but in order to have any success in attempting to collect my awarded costs, and to take any further steps if he does not comply with this request, I believe I need to file a motion with the Court for a formal request for this financial statement. If he does not comply with this request the rules state the penalties are stiff.

3) How do I ask for costs associated with the garnishment proceedings? I have spent 15 hours preparing the notices and will most likely have to take some to a garnishment hearing. Can I only request costs if they go to hearings or can I ask the Court for costs for preparing the notices as well? If so, how do I do this? By motion without notice?

4) As the payor quit his job, yet is still living the same lifestyle he did prior to being unemployed, and has 2 lawyers on retainer (criminal and family lawyer for the FRO matter) it is easily assumed either he is working or someone is paying for him to live - it is either his girlfriend/surety and/or his parents who are his enablers. Can I send a request for information to these parties asking them for information about the payor's employment and source of income? Where he banks? I cannot get this information out of the payor, he refuses to disclose. I have information that the girlfriend works full time and that his parents recently sold their home for $700,000, so it can be easily gleaned that one or both of them could be supporting the payor, facilitating him being unemployed and facilitating him avoiding payment of any support. I am thinking I use this form first, request the information, and then can request an examination if need be. I also believe it is the first step I need to take if I wish to attempt to add any of these people as a party to this matter as they are assisting the payor in disobeying the final court order of last November.

5) Last question - i have no choice but to file a contempt motion against him to have him comply with the other orders of November - that he add the child to his life insurance, medical insurance and produce tax returns by May 1st of each year. Do I have request the compliance from him again first or can I just go straight to a contempt motion? How do I ask the Court to serve this on him for me? I cannot afford a process server and have no one in the area at all I can ask to serve him personally. He is also very dangerous and I certainly will not go near him. What do I need to argue with the Court to have them serve the Respondent for me?

Sorry for the extra long post. I have some follow up questions but I will leave this here for now in the hopes someone can help. I have asked several duty counsel and get such different answers it scares me. I have been very successful so far in this matter and now when it comes to actually collecting and enforcing the orders I am getting no where. No help from the judges or the Court and, frankly, FRO has been no help.

Thank you!

I forgot to add that he has been self represented in the family matter since September 2018 when his family lawyer went off record by motion. He had that lawyer for a year, yet still did not financially disclose or pay any support during that time. It took me 18 months to get in front of a judge due to their delay tactics - again, finally bringing a summary judgement motion last fall which turned into an uncontested trial in November as above. As stated, he hired a family lawyer for the FRO default hearing ONLY (I have received no change of solicitor) the day before the hearing to save himself from jail.
Reply With Quote
  #2  
Old 05-16-2019, 07:33 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,178
rockscan will become famous soon enough
Default

You canít get blood from a stone and if he wants to avoid paying he will and he has. FRO has a page of photos of deadbeats. Unless they do a seizure/sale through the sheriff, your last resort is his taxes.

Its not the news you want to hear but its what will happen. Filing more court actions simply wastes the courts time. He does not want to pay therefore he will do whatever he can to keep doing that.

Unless he claims hardship you cannot motion for his spouses information. You could try to motion for his employers information but again, it is a long shot.

As awful as this is and as much as you donít want to hear this, there is nothing more you can do until he gets a job that has a garnishment option. FRO will eventually start collecting, my father had his cpp garnished until he was 80. Until he has any government money that wonít happen though.

At this point you need to move on and take care of yourself a d your son. Work on finding a job and making a life for yourself.
Reply With Quote
  #3  
Old 05-16-2019, 08:57 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,518
arabian will become famous soon enough
Default

I would AGGRESSIVELY get FRO to go for his drivers' licence.

Any time you file any motion the other side usually gets plenty of time to respond/comply. Lawyers will ask for adjournment after adjournment citing conflicting cases with other clients etc.

I totally feel for you. I had a tough time with my ex. The drivers' license was the biggie... for some it's the passport.

To this day my ex funnels money through the g/f and there isn't a damn thing I can do about it.

It sounds as though you are quite well-versed in the court proceedings. Keep a close eye on FRO and remember these places are basically call centers, however, the collection they do is good and doesn't cost you anything.
Reply With Quote
  #4  
Old 05-17-2019, 09:38 AM
vocalfather vocalfather is offline
Senior Member
 
Join Date: Aug 2013
Posts: 170
vocalfather is on a distinguished road
Default

I am sorry to hijack this thread but we have similar stories. My X has over $50,000 in costs that is owed to me and she refuses to pay. I'm looking personally as to how to garnish without the help of a lawyer (I'm still paying off the debt of the trial). I will know more on Tuesday and will definitely share the info I'm given. Would love to hear what happens on your end as well.

All the best!!!
Reply With Quote
  #5  
Old 05-17-2019, 12:05 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,518
arabian will become famous soon enough
Default

does your ex have any assets (real estate, investments, etc.)?
Reply With Quote
  #6  
Old Yesterday, 09:52 PM
vocalfather vocalfather is offline
Senior Member
 
Join Date: Aug 2013
Posts: 170
vocalfather is on a distinguished road
Default

My X personally has none that I am aware of...

Last edited by vocalfather; Yesterday at 10:22 PM.
Reply With Quote
  #7  
Old Today, 07:20 AM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,518
arabian will become famous soon enough
Default

Fightingfortruth: Specifically what collection actions do FRO have in place at this time? (license suspension, federal license denial, federal garnishee, wage support order, etc.)?
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Children's bennefits Wiser2008 Financial Issues 21 05-03-2019 06:21 AM
The suit against FRO moves forward part1 AtALoss Divorce & Family Law 51 09-30-2013 11:01 AM
My ex is stealing my kids clothing!! MommaMouse Parenting Issues 54 08-26-2011 09:06 AM
What Were They Thinking........ FL_Needs_To_Change Divorce & Family Law 6 05-25-2007 09:47 PM
Lawyer Fee's... Tangled General Chat 4 01-25-2007 06:59 PM


All times are GMT -4. The time now is 09:31 AM.