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  • Ex's Lawyer requesting my GF's NOA

    My ex and I are trying to finalize everything and have it put into a final order. We each have new homes, I pay offset child support and about 8 months ago my girlfriend moved in. My ex wife had been living with her boyfriend for almost 2 years but he recently left. My girlfriend is not on my mortgage and I don't imagine that her boyfriends name is on her mortgage.

    We are so close to settling things but now her lawyer wants all of my girlfriends notices of assessment and income information. We do not even qualify as common law at the moment and even if we did I am sure that no claim can be made for more money just because my girlfriend lives with me.

    My lawyer has told me that I do not need to give them my girlfriends information and I don't intend to.

    Could this just be a measure they are taking to ensure that I do not make a claim of undue hardship in the future? They could claim that because I live with a partner that there is extra money coming in, thus wiping out any such claim.

  • #2
    Don't forget, your ex's lawyer is acting on direction from your ex, so technically it's your ex, not her lawyer asking for this info. The lawyer gets paid just for asking, whether she has a right to the info or not.

    She has no business asking for this info, nor is there anything she can use it for, unless you are actually making a claim for undue hardship. Either ignore the request or tell her to get bent, your GF's info is NONE of her business.
    Last edited by blinkandimgone; 04-04-2012, 10:27 AM. Reason: the voices told me to...

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    • #3
      Blink: Lol "get bent" - I love it.

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      • #4
        Originally posted by Teddie View Post
        My ex and I are trying to finalize everything and have it put into a final order. We each have new homes, I pay offset child support and about 8 months ago my girlfriend moved in. My ex wife had been living with her boyfriend for almost 2 years but he recently left. My girlfriend is not on my mortgage and I don't imagine that her boyfriends name is on her mortgage.

        We are so close to settling things but now her lawyer wants all of my girlfriends notices of assessment and income information. We do not even qualify as common law at the moment and even if we did I am sure that no claim can be made for more money just because my girlfriend lives with me.

        My lawyer has told me that I do not need to give them my girlfriends information and I don't intend to.

        Could this just be a measure they are taking to ensure that I do not make a claim of undue hardship in the future? They could claim that because I live with a partner that there is extra money coming in, thus wiping out any such claim.
        Your GF's income is not a consideration before the court. Who you live with, choose to have in your life and how much they make is of no value or business to the other party.

        They just do this to try and make things worse. Unless you are claiming 0$ income and the GF is supporting you they have no right to make the request and nor would a court order it.

        So, if your GF makes $5 or $5,000,000 it doesn't matter nor will a court care.

        Good Luck!
        Tayken

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        • #5
          Not to hijack the thread..but on a similar note...I know some separation agreements have clauses in there for co-habitation or re-marriage...and I'm worried about my stbx trying that with ours since we're getting close to settlement offers.

          Since, there's no way I'm going to agree to this...how likely is it that he'd be successful with something like this at trial?

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          • #6
            Originally posted by Pursuinghappiness View Post
            Not to hijack the thread..but on a similar note...I know some separation agreements have clauses in there for co-habitation or re-marriage...and I'm worried about my stbx trying that with ours since we're getting close to settlement offers.

            Since, there's no way I'm going to agree to this...how likely is it that he'd be successful with something like this at trial?
            Can you be more specific? Ie: clauses in regards to *what* about co-hab or remarriage?

            The only time I've ever seen mention of it is in regards to spousal support potentially ending upon cohab or re-marriage.

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            • #7
              Originally posted by Pursuinghappiness View Post
              Not to hijack the thread..but on a similar note...I know some separation agreements have clauses in there for co-habitation or re-marriage...and I'm worried about my stbx trying that with ours since we're getting close to settlement offers.

              Since, there's no way I'm going to agree to this...how likely is it that he'd be successful with something like this at trial?
              I believe that those types of clauses are usually in an agreement as a means to terminate spousal support, which makes sense. Why should the former spouse still be on the hook when there is a new spouse in the picture?

              But for child support, a new spouse is entirely irrelevant, unless you quit your job and drop your income to zero.

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              • #8
                Thanks very much for your responses everyone. I am not giving any information regarding my gf to the other side. My ex has asked for many strange things over the past 2 years and this is just another.

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                • #9
                  I was only friends with the man I'm now with and his ex wanted my bank statements presented in court. Presumably to find out if he'd hidden any money in my bank account. I refused to give them stating that my bank account is my business and not hers. Judge agreed.

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                  • #10
                    The duration of SS is based on how many years you were married.
                    The amount of SS is based on both incomes.

                    If you were married several years i.e. 15 - 20 years or more and there is a huge difference in incomes, I suggest it be at least reviewable after three years of living common law.

                    The SS you are receiving is for you personally to supplement your income according to your salaries and isn't for the purpose of supporting your new relationship, that should be taken into consideration!!

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                    • #11
                      Originally posted by Pursuinghappiness View Post
                      Not to hijack the thread..but on a similar note...I know some separation agreements have clauses in there for co-habitation or re-marriage...and I'm worried about my stbx trying that with ours since we're getting close to settlement offers.

                      Since, there's no way I'm going to agree to this...how likely is it that he'd be successful with something like this at trial?
                      PH:

                      The thing you have to consider about any separation agreement is how "enforceable" it is. If it contains elements in the agreement that are too complex, long, and wordy and you do need to bring matters to court to enforce it... You have to think what a judge is going to do.

                      There is this awful trend in speration agreements to try and negate every change that could arise in a family's life. Changes if income of either parent, new partners/marriage and even the birth of new children.

                      You have to balance what you agree to to the Rules when you are doing this. Ultimately an agreement if it contradicts the Rules is going to be hard to enforce. This happens with a lot of parenting plans. People try to contempt each other on the definition of "shall", "should" and "must".

                      The if brought before a judge they rely on the Rules (CLRA/FLR/CJA/et all...) and prior case law in support of the argument. You would be hard pressed to find orders in CanLII that remove either party's right to bring matters back to court on a "material change in circumstance".

                      You can "agree" to loads of stuff but, if it isn't enforceable and understandable it isn't worth the paper it is written on generally.

                      Good Luck!
                      Tayken

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                      • #12
                        Originally posted by revffof View Post
                        I was only friends with the man I'm now with and his ex wanted my bank statements presented in court. Presumably to find out if he'd hidden any money in my bank account. I refused to give them stating that my bank account is my business and not hers. Judge agreed.
                        Unless you hold joint accounts with the person in question. Under Rule 13 the joint accounts are in public view.

                        Generally negative advocate solicitors pull this "stunt" to try and upset the other party in the matter. A solution oriented solicitor wouldn't even bother letting there client pull this "stunt" or even recommend it.

                        Judges need to pay closer attention to the "bad advice" litigants get from their solicitors.

                        Good Luck!
                        Tayken

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                        • #13
                          Thank you for the responses. I was speaking specifically about SS not CS.

                          There is this awful trend in speration agreements to try and negate every change that could arise in a family's life. Changes if income of either parent, new partners/marriage and even the birth of new children.
                          Yes, this is pretty much what I'm anticipating.

                          In a few weeks, I'll be meeting with my lawyer to start working on a motion for financial disclosure since he won't comply with submitting his documents even after the deposition. The judge severely reprimanded him and his lawyer for not even supplying a paystub and told him that everything is retroactive once he finally does.

                          Once that's done, I'm hoping to start drafting an offer to settle with my lawyer to get his over with....so I'm anticipating things he's going to come back with. Anything to do with controlling my future life will probably be thrown in there.

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                          • #14
                            Teddie: Taken is absolutely correct! The trial Judge made it very clear that "the other parties involved, be the girlfirend/boyfriend/common law or even spouses as partie(s) remarried" are NOT INVOLVED with Financial issues and DO NOT have to provide NOA, Income Tax Returns. Unless the non custodial parent has purposely quite their jobs and/or not seeking employment and/or hidding assets with proof of such. That is the purpose of a "Financial Statement" which we all know some people are excellent at writing lies and omitting information which is another issue for another forum! The bottom line is some people try to make your llife miserable. If they are stupid enough to spend on legal fees to ask for such, then let them ask! Don't mean they'll get and answer!

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                            • #15
                              Originally posted by TLCRN View Post
                              Teddie: Taken is absolutely correct! The trial Judge made it very clear that "the other parties involved, be the girlfirend/boyfriend/common law or even spouses as partie(s) remarried" are NOT INVOLVED with Financial issues and DO NOT have to provide NOA, Income Tax Returns. Unless the non custodial parent has purposely quite their jobs and/or not seeking employment and/or hidding assets with proof of such. That is the purpose of a "Financial Statement" which we all know some people are excellent at writing lies and omitting information which is another issue for another forum! The bottom line is some people try to make your llife miserable. If they are stupid enough to spend on legal fees to ask for such, then let them ask! Don't mean they'll get and answer!
                              Is this the case too with CS when the child is over the age of 18? I seem to recall some decisions on canlii where the judge looks at the total household income for both parents, as well as the child's income when CS is at issue. I know this isn't the OP's situation, but just curious ...

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