Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Closed Thread
 
Thread Tools
  #1  
Old 06-13-2012, 03:16 PM
rhondagirl rhondagirl is offline
Member
 
Join Date: Jun 2012
Posts: 67
rhondagirl is on a distinguished road
Default Do you have to account for how you spend spousal support?

I know you don't have to account for how child support is spent (I Googled). But what about spousal support? Do you have to show "how" you are using it? (I.e., bank statements, etc. .... and is it OK to use it for vacations, for example?)
  #2  
Old 06-13-2012, 03:19 PM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,918
HammerDad will become famous soon enough
Default

Simple answer, no you don't have to account for it in any way what-so-ever.
  #3  
Old 06-13-2012, 03:25 PM
rhondagirl rhondagirl is offline
Member
 
Join Date: Jun 2012
Posts: 67
rhondagirl is on a distinguished road
Default

Thank you ...
  #4  
Old 06-13-2012, 08:33 PM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

No explanation necessary for how you spend it but you do need to declare it as "income" to CRA.
  #5  
Old 06-14-2012, 09:02 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,012
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by HammerDad View Post
Simple answer, no you don't have to account for it in any way what-so-ever.
Careful.

If matters are brought back on a change in circumstance you will have to fill out and swear an affidavit (Form 13) for financials. As part of the disclosure "full and frank" financial disclosure is required.

A lot of people tend to think they have "privacy" before the court. It is a public system and the Rules have a lot of detailed requirements for financial disclosure. It is always the best thing to not do stupid things with the money.

For example:

When living separate and apart but are still legally "married" don't sign up to eHarmony. Why? Well, they require by policy that you have to provide a divorce order or certificate to become a member! So, if you have to disclose your financial records and you don't have a divorce in hand and there are charges to eHarmony it is easy to demonstrate how you are lying to a third party.

To get an eHarmony account while still legally married (even though living "separate and apart") you would have to flat out lie and say you are single and have no kids basically. Evidence of your willingness to lie to get what you want is clearly outlined in your financial records.

Credibility is a key element to any argument presented before the court.

Good Luck!
Tayken

Last edited by Tayken; 06-14-2012 at 09:04 AM.
  #6  
Old 06-14-2012, 09:04 AM
rhondagirl rhondagirl is offline
Member
 
Join Date: Jun 2012
Posts: 67
rhondagirl is on a distinguished road
Default

Good advice - thanks!
  #7  
Old 06-14-2012, 09:43 AM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

My ex never provided full and frank disclosure right up to and throughout 2.5 days of trial. He has not paid the "costs" order that he was given 6 months to pay, and short pays CS and hasn't paid one penny of the SS. 5k in "new arrears" so far and FRO (recently on board) says "well we have to give him the benefit of the doubt." As for ALL his lies? For that: he was said to be "vague and inconsistent" "not very credible" - he should have flat out been called a liar. I'm almost considering bankruptcy thanks to his bs and full and frank disclosure. Wonder if that will be a material enough change of circumstance for me when I go back to Court, as I'm sure I'll have to. His unpaid costs order, for starters: I'll be dealing with that next week. Today, the fun of the day is going to see a lawyer re: my few options - one of which is filing for bankruptcy. As was in another post: the Family Courts do little/nothing re: lies and they certainly don't insist on full and frank disclosure.

Edit: best to use cash (for certain things) if you don't want a detailed itemization of what you did on a bank statement.

Last edited by hadenough; 06-14-2012 at 09:49 AM.
  #8  
Old 06-14-2012, 10:31 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,918
HammerDad will become famous soon enough
Default

Quote:
Originally Posted by Tayken View Post
Careful.

If matters are brought back on a change in circumstance you will have to fill out and swear an affidavit (Form 13) for financials. As part of the disclosure "full and frank" financial disclosure is required.
I was taking the position that she doesn't need to give an itemized list each month of how she spent the spousal support.

Should she end up back in court and financial disclosure is required, she would have to outline her expenses, but that is an all encompassing amount, meaning income plus spousal support. It isn't just how she spends the support, it is what she does with her income (which would be defined as including spousal support).
  #9  
Old 06-14-2012, 06:37 PM
Gary M's Avatar
Gary M Gary M is offline
Senior Member
 
Join Date: Sep 2010
Location: Kanata
Posts: 703
Gary M is on a distinguished road
Default

Is it just me, or is it obscene that someone who "needs" SS can afford to take vacations?

Probably just me, but had to ask...

Cheers!

Gary
  #10  
Old 06-14-2012, 07:36 PM
today today is offline
Senior Member
 
Join Date: Jan 2006
Posts: 322
today is on a distinguished road
Default

It's about time someone mentioned that one, thanks Gary!
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
Children's bennefits Wiser2008 Financial Issues 21 05-03-2019 07:21 AM
Spousal Support - Why It Matters Divorcemanagement Political Issues 83 11-28-2013 10:38 AM
Spousal Support NOT Wanted, Can She Sue For it After??? DanTess Financial Issues 12 03-31-2011 11:12 PM
Spousal Support...good or bad.. jlalex General Chat 32 07-22-2010 06:33 PM
The Concept: Standard of living gooddadgoingmad Divorce & Family Law 7 02-20-2006 10:59 PM


All times are GMT -4. The time now is 10:35 PM.