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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 11-22-2019, 11:53 PM
EspoirN EspoirN is offline
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Default How can I force ex to disclose all assets?

How do I force ex to agree to a settlement conference and force him to disclose all assets? Ex did not comply with the court order from the case conference to disclose finances. He lies about his income, he is a self employed handyman. He lied about his assets abroad (apartment in home country), instead of providing proof of income, cash, cheques (as was ordered by court within 45 days), he only provided a statement stating he is homeless and does work for room and board (which is a lie again for which I have proof), and is now refusing my attempt to schedule a settlement conference. When is the best time to show that he is lying? At the settlement conference? Or is there another remedy?
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  #2  
Old 11-23-2019, 05:06 AM
LovingDad1234 LovingDad1234 is offline
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I noted you have multiple threads on the same issue. One thread is suffice.

However, it can be assumed that the issue is causing a level of anxiety and/or uncertainty. Two thing that is learned in the family law process, are that you need a lot of patience with the process and that you cannot change your ex. If he doesn’t disclose, he is only shooting him self in the foot. Don’t panic and have patience. Work with your lawyer and let lawyer lawyer. If no lawyer, just ensure to point out you are awaiting disclosure.

Also, you seem hellbent on trying to expose your ex as a liar. Judges want matters resolved, so that you are off the dockets and not clogging up the system. If you think there will be “AHA!!!” moments in court like on tv, think again. Judges don’t get into the weeds on hearsay, lying, or how you’ve been wronged. All they care about is wrapping up custody and access to kids, supports (child and/or spousal) and proper equalization so that couples split in accordance with what the law allows.

Counseling is often helpful to regulate anxiety of being involved in a court procedure and where you feel the other side is playing games or wronging you.
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  #3  
Old 11-23-2019, 08:09 AM
Codename Codename is offline
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I am not sure what stage you are at. At our case conference my daughters ex has a order to disclose his financials'. He did fill out his financials but what he showed and I quote from the judge is, "Mr. _____ how is it that your monthly payments of your vehicles are more than what you claim? Even if I include your new wife's income just those payments from your vehicles are twice the amount that was reported on your taxes", "do you under stand Mr. _____ why there is a problem here". So the ex replies to the judge that his accountant does his taxes. So the judge tells him, "Well that is great that you have an accountant there fore it should be no problem for you to submit all your financials". There was a court order and he did not provide his financials. Also we have a civil suit against him for a loan which he did not disclose his financials and that matter has been upgraded with a bench warrant, contempt of court. So since he has not complied with the procedures in family law to disclose documentation especially since he is self employed the lawyer is filing the case to Motion to Strike. Since he has also disobeyed the small claims courts there is enough evidence to prove that he has not respect for any judicial system. I must tell you this, that if you have a lawyer and he has already been ordered in a "Case Confereance" to disclose his financial and the terms were not met then you move to strike. In a case conference anything that is brought up can be used in court. But if you go to a settlement conference any discussion there can not be brought up in court. Judges know that people lie and they cannot be bothered by that. Your ex and my daughters ex think they can get away with it, especially if you have proof that at one time he was employed with a legit job. Don't forget they will input income if a person in knowingly under employed, they will input the minimum pay read up on it. I think the standard is $28,000 now. Just quickly also to let you know my daughters ex we found out also worked for a company while self employed. They were so dumb that they even posted photos of different job sites with her ex in it for the last two years. The most recent photo was taken in October 2019. In September the civil lawyer tried to garnish this company and there reply was they never heard of Mr._____. Then we show them photos and they replied "Oh yeah he did a small contract job for $120." In the meantime there FB page is plaster with photos. Now this company has a garnishment hearing in January 2020.

My favorite song is "TIME IS ON MY SIDE, YES IT IS"
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Old 11-23-2019, 08:13 AM
Codename Codename is offline
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I forgot to mention about the assets, forget it he is not going to tell you unless you have photos already of what he owns. And from his other country also forget it. You just want to know how he survives, what he eats, smoke, drive, spends when the kids are with him, pays for his cell. You know the word "CASH" is a bad word. Especially in todays society when everything is DEBIT OR CREDIT. When someone says I paid cash well where did he get the cash. Oh my friend. One only has so many friends that will pay for things. LOL
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Old 11-23-2019, 09:54 AM
EspoirN EspoirN is offline
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What is a motion to strike? How do I file it? Is it a procedural motion? Please help. I do t have a lawyer. I am in the bracket where I do not qualify for legal aid and I do not have any assets left to hire a lawyer. I maxed on all credit because spouse has not given a penny of support to the children since he moved out 14 months ago. I wanted for the kids to continue sports and extra curricular activities as they did before, and now I have nothing left. So everything that concerns the courtI do myself.
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Old 11-23-2019, 10:56 AM
Codename Codename is offline
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Well I guess you have already had a case conference? Was he given a order to produce three years of tax returns and bank statements and all that stuff?
What was his response when you first filled for child support? Did he respond?
Lets begin with these questions?
Just asking who has the kids?
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Old 11-23-2019, 11:19 AM
EspoirN EspoirN is offline
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Our relation broke down many years ago, but lived under the same roof for the sake of the children, official separation date was 1 September 2018 when Ex moved out.

Over the course of the next few weeks he removed most of his stuff from home and garage. In October 2018, he surrendered his keys to the house. He disappeared for 9 months, from friends I knew he was in the Caribbean working (he is a handyman, does flooring, etc, self-employed, always underreported his income, I handled whatever cash he was giving, it was on average 12-15K per year, not because he could not earn more, but because he was lazy and felt too comfortable doing nothing when I was working full-time and was taking care of the kids). He did not disclose his whereabouts when he left and I was left with de facto sole custody, although for most of the children's lives, certainly the past 15 years, I made all the decisions, as he was ambivalent to everything.

Ex showed up out of the blue 9 months later, when I served him with a divorce application. He now claims the house, spousal support and child support, shared custody, etc. He claims he is homeless, and boarding for work, which I now have proof is a lie, as he was working for 10 days at my neighbour's house without boarding.

In September 2019 we had a case conference, the judge issued supervised visits to him through the family centre as he refused all of my friends (which is another issue). At the case conference, the judge was not satisfied that he has disclosed his income and that he is being truthful, because I pointed out that if he is homeless and has no income and is not working, how can he afford a lawyer (he came with a lawyer to the case conference and submitted previous documents with the same lawyer), plus he brought kids gifts worth $2000, even though he has not spoken with our son for almost 4 years (our son is 17, daughter 10) and we lived under the same roof (silence treatment he used to give everyone!). So basically with my son his relationship was severed. THe judge gave him 45 days to provide complete disclosure. He complied with the date, but provided garbage - his own statement of a few paragraphs that I kicked him out of the house, that he is homeless, unable to find work and support himself, that he is boarding for work, etc, which are all lies, and I have proof. Also, he lied that the apartment abroad is not his, I have proof that it is solely in his name, documentary evidence.

So now, I wanted to book a settlement conference, and he threw a wrench, that he is not ready. I called the court, and they said that I should e-mail them with my position and it will go in front of the administrative judge. However, what do I do about the fact that his financial disclosure was all lies? Should I deal with the lies and the material facts at the Settlement Conference? Or should I file some kind of a motion? Motion to strike out his evidence? Or should I file a motion for contempt of court? How? I have no funds for a lawyer, and I do not qualify for legal aid. I get no child support obviously, etc….
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Old 11-23-2019, 11:29 AM
Codename Codename is offline
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Ok did he fill out a financial statement and provide three years of tax return?
this is the first step? by the way were you legaly married and who owns the house? All the other stuff is useless since it's he says she says
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Old 11-23-2019, 11:48 AM
EspoirN EspoirN is offline
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Ex has provided notice of assessment for past 3 years, before the case conference. I argued at the case conference that he is lying that he has no income (which he was claiming at that point), because he went to the Caribbean to work (handyman, construction, renovations), and he somehow supported himself for 9 months after he left home and disappeared without disclosing his whereabouts (it was through friends that I knew that he was working abroad).

Yes, at the case conference, the judge issued an order, gave him 45 days to disclose all cash income, bank account statements, proof of assets, real estate abroad. He only provided a statement and claimed that he boards for work (homeless), that he has no assets abroad, that the apartment is his mothers, he also showed bank statements from one account which shows no activity for months. I have proof that the apartment is solely 100% his, and he had to have cash earnings, because he bought two gifts for the kids worth $2000, with zero movement in his bank account, where did the funds come from?

How do I file a motion to strike? The advice I am hearing from other people is NOT to proceed to the settlement conference until I am satisfied with his disclosure, is that correct advice? My thought would be that in my conference brief I would point out why I disagree with his financial disclosure and ask the judge to impute income to him. Yes, the house is solely in my name, which I am fighting not to divide 50/50 because he did not want to buy the house, the title, the mortgage, line of credit is solely in my name. He did not even change his residential address to my home (on his driver's licence) and all the mail kept coming to his old address (which is my mom's home, as we used to live at my mom's for 6 and a half years before I scrambled enough money to buy the house).
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Old 11-23-2019, 11:55 AM
Codename Codename is offline
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Never ever go to a settlement conference. Disclosure is very important.
So you were never married is that correct? The law in Ontario is different than the law in some other provinces. If you were never legally married and you bought the house and you can also prove that you bought the house and you paid for all the bills and the tittle is yours then he cannot do anything unless you had a cohabitation agreement. But if you were married and you initially put the money in to buy the home and you also paid all the bills then the asset is divided by first you take your initial deposit then the balance and the debt is divided. so let me know if the 45 days have gone by. If so then you proceed with the letter I sent you as an example.
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