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

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  #1  
Old 08-05-2022, 10:42 PM
Kkc Kkc is offline
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Well the good news, finally got cost endorsement from a motion last year

14.6 k including hst

Now how do I collect?
I’m paid up on ss and cs.

Everything is interim

We also had a disclosure motion today, we asked for bank records, cc records, an accurate financial statement, cra records

Her lawyer said bank records are not relevant…basically was throwing shit and see what sticks

So this will hopefully be another cost award…

But how do I collect?
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  #2  
Old 08-08-2022, 11:35 AM
terryfyde terryfyde is offline
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FLR
Order for security for costs

(13) A judge may, on motion, make an order for security for costs that is just, based on one or more of the following factors:
1. A party habitually resides outside Ontario.
2. A party has an order against the other party for costs that remains unpaid, in the same case or another case.
3. A party is a corporation and there is good reason to believe it does not have enough assets in Ontario to pay costs.
4. There is good reason to believe that the case is a waste of time or a nuisance and that the party does not have enough assets in Ontario to pay costs.
5. A statute entitles the party to security for costs. O. Reg. 114/99, r. 24 (13); O. Reg. 42/21, s. 14.
Amount and form of security

(14) The judge shall determine the amount of the security, its form and the method of giving it. O. Reg. 114/99, r. 24 (14).
Effect of order for security

(15) Until the security has been given, a party against whom there is an order for security for costs may not take any step in the case, except to appeal from the order, unless a judge orders otherwise. O. Reg. 114/99, r. 24 (15).


Basically their pleadings are struck and you can go after them like baby seals. So having ongoing litigation helps. Have they said they will not pay and why they will not pay?
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Old 08-08-2022, 12:58 PM
Kkc Kkc is offline
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I hear you

1. the issue is when there are children involved, pleadings likely won't get struck and securities on child side will never get ordered (per lawyer)

2. on financial side...that one I do not know



The 5 figure award came last week. She claims to have no money. Parents are paying legal costs, at a certain point that will affect support. There is case law.

We were in court again on Friday for disclosure including bank records, including the hidden ones I found. Her lawyer opposed it big time...hmm I wonder what is hiding.

If she claims she cannot pay, well prove it with the bank records. It is so stupid.
She owes the CRA 50K on top of this, EP to me that is 6 figure and no assets.
She did this all to herself and to boot refuses to find a job. There is barely enough in sales of matrimonial home to cover EP, so it cannot come from there.

There are 3 weeks until I have to pay support again, hopefully we will get our endorsement on disclosure and then another round of costs.

Of hand the only thing I can think of she gets less support. It would be FRO enforceable.

The saddest part is that if I was not a doctor, none of this prolonged litigation and harm to my kids would happen because they are a paycheck
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Old 08-08-2022, 07:25 PM
Bogdan Bogdan is offline
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Quote:
Originally Posted by terryfyde View Post
FLR

Basically their pleadings are struck and you can go after them like baby seals. So having ongoing litigation helps. Have they said they will not pay and why they will not pay?
Terryfyde makes a good point .. and I've also used similar rules to block my ex from making any further motions due to non-compliance.

Yes .. contempt charges are hard, and so is chasing down awarded costs (good luck, you'll need it) .... but I will comment that on the flip side it's wasn't too hard to block my EX from having any her items heard due to mentioned Sub-Rule. Which helped (and saved money).


Sub-rule 8(1) of the Family Law Rules, which deals with a party’s failure to obey a Court Order.

If a person fails to obey a court order, the court may deal with the failure by making any order that it considers necessary for a just determination of the matter, including the following:

The court may make an order that the party is not entitled to any further orders from the court unless the court orders otherwise.
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Old 08-08-2022, 07:46 PM
Kkc Kkc is offline
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Thx for info
She won’t bring any motions
And I’m likely getting another
Basically, I think the play is to bargain this for other things.
Also the next part would be asking for securities on financial aspect
Could also ask to vary support amount based on massive ss credit awaiting trial.

I am hoping we get a judge to take over the case to stop the heel dragging
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Old 08-11-2022, 01:11 PM
terryfyde terryfyde is offline
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Is there a layman guide to finding hidden bank accounts? I think my ex has them, almost certain.
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  #7  
Old 08-11-2022, 01:14 PM
Kkc Kkc is offline
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1. i traced check images from support

2. she was told she could only provide her rrsp, she sent a non-functional web page that had a drop down menu that still functioned with the data...and clicking that revealed the hidden accounts

so at that point it is very difficult to claim ignorance
especially when her lawyer refused to even acknowledge the hidden accounts after mine stated it
like he did a pretend its not real, no one will notice...i wonder what shes hiding
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