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False filing of Affidavit of Service

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  • False filing of Affidavit of Service

    My claims she filed NOA's and NORA's in an affidavit of service, and has claimed the same in emails and other documents. I have just spent a couple of hours in the courthouse scouring through filed documents and found none of the above.

    The NOA's in my view are being purposely withheld and are crucial to our spousal support review. I have requested them over and over.

    How do I deal with this? How do I get the forms? And how do I formally inform the courts of this deliberate falsification? Is she in contempt? Form 20?

    Suggestions appreciated.

  • #2
    Interesting - I have had the same problem. I deal with Alberta courts. In order for contempt to be contemplated one has to be extremely specific on what particular documents are requested. "Full financial disclosure" in my case wasn't sufficient. I had to go back several times and get court orders for the specific document, including date of document. My ex danced around this for over a year.

    Of course NOAs are being specifically withheld. Does your court order specify NOAs or just "exchange tax returns on an annual basis"?

    You are probably best to get an Order for this (and any other specific financial documentation you require).

    Others from your jurisdiction (Ontario ?) may have more relevant advice though.

    Comment


    • #3
      Thanks for the advice. Our agreement specifies NOA's in addition to tax returns are to be exchanged annually. It has been ordered at the completion of case and settlement conferences and still nothing. Ex claims she has served them on me and that I am lying. Frustrating to say the least. Just one more delay tactic.
      Ontarians, is Form 20 the way to go?

      Comment

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