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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 02-17-2019, 10:52 AM
Selfrepmom Selfrepmom is offline
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I am in the process of filling out a Form 20- I am requesting financial info from my ex as he is not providing full disclosure and I am 1000% sure of multiple revenue streams he had/has.
He has been living common law with his gf for the last year, and claiming to be unemployed for almost the same amount of time. He admitted in front of the judge at our last CC however, that he has started up a business. I also have proof of this. This business has been in operation over 6 months. I am 99.9% sure all payments for service of this business are most likely being filtered by either etransfer through the gf’s email/bank account (so it looks like he’s not making much) or he receives cash payment directly. I know the cash I can’t do much about, but in Form 20, am I able to request an affidavit from her as well, to include all funds she has received on behalf of his services performed under the business?

Also, it doesn’t appear like Form 20 requires special service? Am I able to just mail it to him?
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Old 02-17-2019, 10:55 AM
Selfrepmom Selfrepmom is offline
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Am I able to request that they both provide the last 3 months of bank statements? I wouldn’t bother with hers except for the fact that it is her email/phone number etc listed as the contact on the business’ website and I am sure that the money is filtering through her, even though he is the only one that is experienced to provide the services that this business provides.
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Old 02-17-2019, 01:44 PM
rockscan rockscan is offline
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What is your ex’s employment background? Is he employable? I ask because this may be a better case for purposely underemployed. If he started the business and it hasnt made money then he should be showing why. If ge started it with his gf and the business is in her name, he should be paid an income. Either way he should be showing the efforts for the business.

You nay want to look at comparable businesses and how successful they are/what they earn?
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Old 02-17-2019, 02:28 PM
Selfrepmom Selfrepmom is offline
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Definitely purposely underemployed. He is not overly qualified/educated in any one area but has good experience and was working a fairly well paid position (in his standards at least) for about a year after we separated. Since then from what I can gather he has jumped jobs every 6 months or so, always requesting to be paid “off the books”. Until this brain wave of a business came about. His employment income was pretty much around the same amount though for the 3 years prior to that.

I am thinking of going with the purposely underemployed route and asking for guideline based off of prior years. What about in the future though (ie annual financial disclosure and his business begins doing well but is filtering into the gfs pockets. He will no doubt lower CS payments... do I just deal with that issue when I come to it?)
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Old 02-17-2019, 02:37 PM
Selfrepmom Selfrepmom is offline
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Side note: He has not paid a lick of child support in almost 2 years. At our last CC his duty counsel managed to convince him that he should start paying something on consent. He consented to a MINIMAL amount (not even enough to cover a weeks worth of groceries). I received the first payment through FRO, but nothing since then. I sense that even once I get a final order, this will be a never ending battle. I don’t even feel like pursuing section 7’s because it seems like it will just be a massive waste of time and cause more conflict.
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Old 02-17-2019, 06:02 PM
rockscan rockscan is offline
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Go to canlii.org and do some searches on purposely underemployed, underemployment and self employment. Look to see what disclosure was provided/ordered.

You should also make note of all the jobs he previously had and what his previous work employment was.

If you have a good order with a set amount for s7 you can register it with FRO. Its just a matter of getting it done.
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