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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 09-15-2009, 01:38 PM
Deadbeat Tracker Deadbeat Tracker is offline
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Question Broader Motion to Disclose

My ex has claimed an annual income of less than $12,000 each of the last three years. In 2005 an income was imputed upon him for child support as he hadn't worked since 2003 and failed to disclose any income beyond his $3,400 tax return amount.

Proceeds from the sale of our home were set up in a trust account for our daughter at the imputed support levels. That account was drained 18 months ago.

He lives in a $300K condo paid for by his parent's (or their company), drives a $40,000 vehicle, and is on the title of a US luxury home valued at over $600K. All of this was acquired after we divorced and on his limited income. He has claimed on several calls (recorded) that he owns a Hummer H2. This is being driven by his live in girlfriend.

Today I confirmed that the Hummer is leased to his girfirend and there is a shareholders loan registered against her by his parent's company. The condo he lives inis owned by his fathe, and he is a joint title holder on the US property with a friend of his and one time employer who I believe, paid him as a day labourer (cash) for over a year.. This is a concerted attempt to hide money being funneled to my ex.

Is there a way that I can file a broader motion to disclose that would include his girlfriend and his parent's company?

Last edited by Deadbeat Tracker; 09-15-2009 at 01:46 PM. Reason: Grammer
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Old 09-15-2009, 04:59 PM
independentgal independentgal is offline
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Collect as much information as you can, documents, land titles, pictures of assets, affidavits from cooperative people who have information about the assets etc.

The courts take a dim view of people who hide assets in other's names and they impute income based on their lifestyle. Run the plate, see who owns it, get a black book value of the vehicle, calculate monthly payments for it. Also insurance for it. Fuel for it. etc.

As for the house in the US, if it is fairly close perhaps go to their equivalent land registry office and get a copy of the people on title, if there is a mortgage(you can tell who with and the monthly payments on the document)

Ask someone in the know about the carrying costs of a house, maintenance, average utilities etc. and add this up for him. Do a spreadsheet on how he lives and use rational figures with documents where you have them to back the figures up.

Also, another way the judge can impute income is to look at the tax returns from when you were married. If he is doing the same thing for work as he was then, judges consider that it is likely he is still making that amount.

In family court, you don't need absolute proof, it just needs to make sense.
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Old 09-15-2009, 05:20 PM
Deadbeat Tracker Deadbeat Tracker is offline
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Thank you for your comments.

I have the plate number, SN of the vehicle and it is registered to his parent's business. I have all of the operating costs and lifestyle budget created. All of the data has been backed up with emails and recorded phone calls that often cross reference travel, leisure and general whereabouts. I have also assembled photos of the assets with the exception of the luxury home in Arizona. I am only awaiting for the title search to be sent to me (they confirmed verbally that he is an owner of this $700K property that was acquired in April 2008).

My real smoking gun is the loan document registered by my ex's parents company on his girlfriends Personal Property Report. This confirms a blatant attempt to hide the income he is receiving to support his very comfortable lifestyle.

I would like to send a request to him for specific income information and see what comes back first. My guess is that it will only be his T4 info that I already have. From there, I plan to file a motion requesting that an income be imputed for at least 3 years forward and retroactive to January 2008. I am hoping that my research and title documents are enough to get a favourable decision.
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Old 09-15-2009, 05:34 PM
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billm billm is offline
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Quote:
Originally Posted by Deadbeat Tracker View Post
Thank you for your comments.

I have the plate number, SN of the vehicle and it is registered to his parent's business. I have all of the operating costs and lifestyle budget created. All of the data has been backed up with emails and recorded phone calls that often cross reference travel, leisure and general whereabouts. I have also assembled photos of the assets with the exception of the luxury home in Arizona. I am only awaiting for the title search to be sent to me (they confirmed verbally that he is an owner of this $700K property that was acquired in April 2008).

My real smoking gun is the loan document registered by my ex's parents company on his girlfriends Personal Property Report. This confirms a blatant attempt to hide the income he is receiving to support his very comfortable lifestyle.

I would like to send a request to him for specific income information and see what comes back first. My guess is that it will only be his T4 info that I already have. From there, I plan to file a motion requesting that an income be imputed for at least 3 years forward and retroactive to January 2008. I am hoping that my research and title documents are enough to get a favourable decision.
Wow, it seems you have done a lot to prove he is hiding income. His parents and girlfriend are all helping him hide income so he can avoid his CS obligation - quite a family. Good luck to you.
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Old 09-15-2009, 05:46 PM
Deadbeat Tracker Deadbeat Tracker is offline
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Thanks. It has been a tough go being patient through all of this as it has played out. Especially when he laughs out loud and taunts me with his family's "means" to drag out any court action. Oh yeah, his cousin is a lawyer who does all of their stock transfers and real estate transactions. He even took the rap for a speeding ticket for my ex several years back. My ex had his license suspended for his 3rd DUI and gave his cousin's info to a RCMP officer that pulled us over. I found out about his licenses suspension at that time. Yes, they are quite a crew to deal with.
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Old 09-15-2009, 07:33 PM
Stargate Stargate is offline
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Exactly HOW does your ex support himself?

If you gathered all the material in a Motion, a judge will most likely come down on your ex like a ton of bricks as it seems clear from your description he is attempting to hide any income to pay a modicum of CS. You may however also have an uphill battle as there is nothing illegal from his family supporting their separated/divorced son even if that means he is living in the lap of luxury.
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Old 09-15-2009, 07:39 PM
independentgal independentgal is offline
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You can question non-parties in the course of normal disclosure steps. I just don't know how you do that, with a motion, or just serving them with a notice of questioning(you have to book the transcriptionist and venue in advance).

Maybe if you think that they people will help your case even more than the documents you have already gathered, it is worth a try.
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Old 09-16-2009, 07:10 AM
Deadbeat Tracker Deadbeat Tracker is offline
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I guess the bottom line is that he doesn't support himself.

After working in the oilpatch for 10 years and earning an average income of $120K through 2003 when we split, he has only worked an average of 90 days per year in the hottest job market in the country. In 2007 he claims to have only earned $6,964. That's what prompted the investigation.

In 2005, an income of $58,000 was imputed to him - half of what he had been earning for the past three years as he had failed to disclose any financial information and didn't show up to his discovery meeting. At our JDR he agreed to the imptued income for two years once he was confronted with my efforts to re-build his income. This documentation exposed $105K of income over a three year period from unknown sources (it was believed to be drug related).

I was lucky and found a forensic accountant/PI that was thorough, very reasonably priced (3 years income rebuilding and this current data collection will cost less than $7K), and willing to do the legwork that my lawyer wasn't willing to do.

FYI... the CS that was imputed to my ex was paid for the two years out of a trust fund that was established for our daughter out of his portion of the house proceeds. The $500 per month of CS has been put into a RESP account for our daughter. I in turn match this amount as well.
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Old 09-16-2009, 07:25 AM
Deadbeat Tracker Deadbeat Tracker is offline
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I will likely file an affidavit requesting two separate Motions to Disclose and serve my ex and his girlfriend. I have 90% of the asset information already gathered to establish the income needed to support his lifestyle for the last 4 years.

My current unknowns are the value of the loan registered to his girlfriend from his parent's business (now closed as they have retired), my ex's employment details (who and how much), her income information and of course a bank account and credit card trail.
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