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  • Curiously...

    On a previous court date (Sept 16th) my ex's lawyer put on the record that they would be bringing a divorce application and moving the custody/access/support issues to the Superior court. He verbally stated this would happen in 'mere weeks'. Court was adjourned to Nov 18th where financial disclosure was finally provided, ex is claiming undue hardship, and everything was moved to a settlement conference for Feb 3rd.

    Obviously no divorce application has been brought forth, and it doesn't appear that it will be. Should I just ignore this for now (since my first concern is the children and having the most important matters settled first), or should I draft a letter to his lawyer questioning if they still plan to file for the divorce?
    While I would like to have a divorce finally after all this time, the children are my first concern, which is why I filed for orders regarding custody, access and support rather than jumping into filing things under the divorce act.

    Also, on my ex's financial disclosure, he has listed debts from the marriage at more than $34,000 but I haven't a clue where that number is coming from in the least. He lists credit cards that I was not even aware of, along with places like The Brick where we never shopped other than once about 10 years ago and paid cash for the furniture - there were no other purchases from there during the marriage. He also lists debts from places that he may have been given credit when he tried to run his own construction business that I had absolutely nothing to do with, and barely knew anything about. Should I question this portion of his financial disclosure & demand that he have to prove that these were debts incurred during the marriage and not after we separated back in 2005?

    There was one document attached that shows a company that he owed and they are taking action against him, for a loan (or something) company that I am not familiar with, but it's addressed to him at an address he lived at more than 2 years after we separated which leads me to believe this was some debt he incurred after the date of separation.

    As for my financial, should I include the 2 vehicle repos that are on my credit report? These are vehicles that we had during the marriage, both were leases, his name was listed along with mine on one of the leases until they extended it for an extra year (at a cost I could not even afford with no child support) and I had no choice but to return the vehicle to them. The other one was an outright repo - a lease listed only in my name, but I had been to see the leasing company immediately after the separation, they knew he had the car and only dealt with him (with the papers still in my name), had not informed me that he was in arrears and spoke only to him when he called them to repo the vehicle as he refused to pay for it nor to transfer it to his name.

    I want to make sure that everything I should be listing IS listed. The repos are on my credit report, but I have not heard from any of the companies otherwise. The car repo was done I think November 2005 (we separated August 2005) and the van I returned in October 2006 (we leased it together in 2003). So even though I have not heard from them, it's still a debt, or am I wrong?

    Thanks!

  • #2
    I would think that if the car was repoed and the other was turned in they would have already come after you for any money. I am thinking that it is not a debt.

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    • #3
      Originally posted by Kimberley View Post
      Should I just ignore this for now (since my first concern is the children and having the most important matters settled first), or should I draft a letter to his lawyer questioning if they still plan to file for the divorce?
      Unless you're dying to get divorced, I wouldn't bother raising it with the other side. The divorce portion of this action will be a slam-dunk: if there's grounds for divorce, it will be granted. You may wind up saving money if you do the divorce along with everything else.

      Originally posted by Kimberley View Post
      Should I question this portion of his financial disclosure & demand that he have to prove that these were debts incurred during the marriage and not after we separated back in 2005?
      I don't know much about what to do if you suspect a lack of disclosure, but you should definitely press for details. But if the debts came from a business that he operated during the marriage, they would probably be considered joint marital debts. But has he listed assets from the business, too?

      Originally posted by Kimberley View Post
      The repos are on my credit report, but I have not heard from any of the companies otherwise...it's still a debt, or am I wrong?
      The credit report should list outstanding balances. If there are none listed, then the balance was probably set to zero once the vehicle was repossessed. I would write a letter to the company asking for a statement of the current balance on the account.

      Comment


      • #4
        He did not list assets because there weren't any left to list. Everything was sold off to pay debt that I learned about after the fact (still during the marriage). Yes, I would like a divorce, and after more than 3 years being separated, how can it not be granted?

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        • #5
          Supporting documentation for the debts is required to validate the claim. Get the other side to prove the debts.

          Comment


          • #6
            Kimberly re assets and debts

            Kimberly,

            As dadtotheend suggested documentation for debts is required. A detailed credit report might validate your credit and his claims. Request statements from the credit companies, confirm the account number.

            Use your date of valuation as your guide for all debts and assets, that is the absolute cutoff date, it became my anniversary date in a way.

            RE: the divorce, should be no problem getting a divorce, but if not necessary save your money for now. Wait til times are a little better and the cash flow as well. You may be doing him a favour allowing him to get re-married...focus your time and energy on the present and future, make new friends and eventually you may decide to finalize everything. But look after yourself and the kids first and put this on the back burner for now.

            All the best,
            Mcbroke

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            • #7
              McBroke; He did not provide documentation in regards to the debt that he's listing, only the two I mentioned, where one I have no idea who the company is (it was purchased by a credit company after I gather), and the 2nd one he provided again, I have no clue who they are, and the address listed on that one is to a place he lived at more than 2 years after the separation. He provided no other documentation for the rest (the bulk) of the debts. How do I go about requesting this information be provided? I have my credit report which clearly shows everything that I had anything to do with (if it was joint or just mine) including the repossessed vehicles. If he was able to get credit in places that I was unaware of near the end of the marriage, and it was not joint, why does this automatically make it my debt as well if I had no say or knowledge of it? Thanks.

              Comment

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