Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > General Chat

General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

Closed Thread
 
Thread Tools
  #1  
Old 02-02-2013, 10:00 AM
GoDiegoGo GoDiegoGo is offline
Senior Member
 
Join Date: Jan 2013
Posts: 168
GoDiegoGo is on a distinguished road
Default Summoned Witness - Do they have to go?

My ex is sending a summons to my disability benefits provider (attendant care/housekeeping), and my insurance adjusters to attend our motion for support, as she claims I don't really have a provider and I'm keeping the money.

My insurance company already provided disclosure that confirms that I have a service provider that they met with and that I'm paying them for their service. My service provider also provided a letter confirming that they are doing the service and getting paid.

My problem is that my service provider just survived cancer 2 years ago, then they found new "possible cancer" masses last year, and she was forced to leave her job to avoid stresses. Now with the summons, she is stressing big time and refuses to go to court.

She has already provided a letter, as well as my insurance company.
I don't mind having my adjuster attend court, but I don't want to put my service provider through that.

What can I do?
  #2  
Old 02-02-2013, 10:57 AM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,530
standing on the sidelines is on a distinguished road
Default

not sure if she can just ignore a summons without getting into trouble. If your service provider isnt doing anything wrong then there should be no stress. All they have to do is go and tell the truth.
  #3  
Old 02-02-2013, 11:48 AM
GoDiegoGo GoDiegoGo is offline
Senior Member
 
Join Date: Jan 2013
Posts: 168
GoDiegoGo is on a distinguished road
Default

She's definitely not doing anything wrong, and obviously I would prefer that she attend to help me out. She just can't deal with the stress of having to go to court all day and deal with my crazy ex's assumptions that have nothing to do with her. Given her situation, I don't want to push her to go through it.

I would think for her medical reasons she should be able to get out of it. Would another affidavit from her or medical note help with that?

She also has nothing to do with how much income I make, and therefore has no need to be there for our motion related to child support. I've read somewhere about that kind of summon's being dismissed as an abusive of power or court or something...

To stress her out more, what will most likely happen if she didn't show.
  #4  
Old 02-02-2013, 12:46 PM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,530
standing on the sidelines is on a distinguished road
Default

i am pretty sure the court can order her to appear and issue a warrent for her arrest. Not that they would do that.

Nor sure if her having cancer can get her out of appearing, she isnt in a hospital bed dying or anything (hope that it doesnt come to that for her).

All she will have to do is say what services she provides and how much you pay her etc. it wouldnt be that hard.
  #5  
Old 02-02-2013, 01:09 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,666
arabian will become famous soon enough
Default

Is your "service provider" perhaps a relative or a g/f ? I ask this because it is illogical to me that someone in your employment would be reluctant to answer simple questions. I suspect there is more to this story?
  #6  
Old 02-02-2013, 01:13 PM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,530
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
Is your "service provider" perhaps a relative or a g/f ? I ask this because it is illogical to me that someone in your employment would be reluctant to answer simple questions. I suspect there is more to this story?
I was thinking the same thing. Going to court to answer a few questions isnt a big deal when you are not the one of the parties in the case, just a witness.
  #7  
Old 02-02-2013, 01:49 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,666
arabian will become famous soon enough
Default

Perhaps the "service provider" doesn't want to commit perjury? That would cause a person a great deal of stress indeed. However, I'm sure the "service provider" can bring along her tax returns to show that they declared all of the income they received?

checks and balances - without them you are in a very bad position.
  #8  
Old 02-02-2013, 02:49 PM
GoDiegoGo GoDiegoGo is offline
Senior Member
 
Join Date: Jan 2013
Posts: 168
GoDiegoGo is on a distinguished road
Default

Yes, my service provider is my relative. I've had others, but due to the personal nature of my care, I prefer family whom I can trust.


My ex knows this person attends my house everyday, and she knows about all the cancer and stress issues she's going through lately. I can only imagine that this is a personal attack, as my benefits have nothing to do with my income. If there was any chance I wasn't receiving the benefits, the insurance would stop paying for them. Ex's assumption is I'm commiting fraud, and her answer to that is to get the court to order that the fraud continue and the money goes to her instead.


I withdraw the same amount each month from my bank to pay for my care, so I can show that. All my other bills and expenses are done through cheque or debit so it can be tracked as well.


I don't know what my relative does or claims with that money, but hopefully that is not my concern. She submits expenses each month and meets with my insurance/occupational therapist regularly. My insurance, my provider, and myself have all sworn to the fact that this is done correctly. Our SC judge also told my ex that this is not income, and I've provided case law which says the same.


I'm pushing hard to get my provider to attend court, but she just doesn't want to get involved and deal with the stress. Hopefully the stress of possibly getting fined or arrested for not showing up will be enough to make her go. If I could get her out of it, I would try and help her out... just don't think there's a choice here. Of course the down side is if this scares off my provider and I lose the help altogether...
  #9  
Old 02-02-2013, 02:56 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,666
arabian will become famous soon enough
Default

^this is the problem with hiring people who aren't at arms-length.

You certainly wouldn't be the first person who pays someone and then that person gives the money back. Many people who participate in this nefarious activity don't think ahead and do, indeed, get caught.

It would be to your benefit it she showed up at court and showed proof of receipt of money and that she declares it on her income tax return each year. If she can't do that then you will likely be discounted this expense.

I hope for your sake that everything is legit because you could end up losing your personal service provider benefit. If there is any doubt about this the opposing counsel could conceivably ask that your income be imputed.

If your personal service provider is ill I am sure you have hired someone else from a bonafide agency now.
  #10  
Old 02-02-2013, 03:14 PM
GoDiegoGo GoDiegoGo is offline
Senior Member
 
Join Date: Jan 2013
Posts: 168
GoDiegoGo is on a distinguished road
Default

Thank you. Just to clairfy...

I can prove that I need the benefits and that I'm paying the benefits out of my account each month.

If a 3rd party admits to receiving payments but wasn't claiming the income or filing tax on them, how would that affect me?
Closed Thread


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
memo from superior court re: self representation fieldgrey Reference 9 07-30-2011 01:03 PM
Waiting Time & Witness in Ottawa Courthouse MaybeNextTime Divorce & Family Law 12 12-15-2010 08:23 PM
objection to witness/expert witness dvr Divorce & Family Law 1 04-17-2007 08:08 AM
can a witness be supeoned by both sides dvr Divorce & Family Law 1 04-10-2007 11:27 AM
Expert Witness dvr Financial Issues 3 03-08-2007 02:31 PM


All times are GMT -4. The time now is 12:06 PM.