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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 07-30-2019, 06:22 AM
Mom 2 Two Mom 2 Two is offline
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Default Ordered Disclosure Ignored.

So what happens when the OP was ordered to disclosure information several items. Pay stubs... Health Benefits.. childrenís RESPS.. and life Insurance proof by a certain date and they have not done so? And it doesnít seem as they will?? It was an order upon consent with a deadline.

Just more bs and stalling I guess but we go back to see the same judge in September... So frustrating.

Ex demands OCL... then dicks them around and files conflict of interest for no reason... stalls court 4 times. Then finally OCL reports...

Then he disputes the very OCL he demanded.

Dispute didnít work. Nothing changed.

Then was ordered to disclose because the judge agreed ex is playing games with his pay and work hours by submitting 4-5 month old pay stubs with current financials.

I canít imagine the judge will be impressed.


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  #2  
Old 07-30-2019, 08:26 AM
Selfrepmom Selfrepmom is offline
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As crazy as this sounds he will probably be given at least one more chance to disclose. Iíve been doing a lot of research on disclosure because my ex ignored a direct disclosure order as well. What usually seems to happen is they come to court for the next appearance and ask for more time or some BS, which of course is always granted.
However, after they ignore the order by the second time I think cost awards start coming into play. You could also file a contempt motion as he is in contempt of the order. But you would probably want to wait for him to ignore the order 2+ times before you do that. Perhaps you could have the exís employer made a party of the order so that the employer has to disclose the info instead?

I know how frustrating this is. At least your ex works for someone though, so there is a guaranteed paper trail. My ex lives in the land of self employment.... I will probably never get the full picture.
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  #3  
Old 07-30-2019, 08:47 AM
rockscan rockscan is offline
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More than likely he will feign ignorance or something. Just make sure your lawyer is on the ball in court and ready to blast any excuse.
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Old 07-30-2019, 09:32 AM
Frostrated Frostrated is offline
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My previous ex has been in contempt for the same reason, going on 2-1/2 years now. His pleadings were struck and I ended up with an uncontested trial. But yeah, they gave him at least two changes to put forth the info ordered before that happened.
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Old 07-30-2019, 10:30 AM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by Frostrated View Post
My previous ex has been in contempt for the same reason, going on 2-1/2 years now. His pleadings were struck and I ended up with an uncontested trial. But yeah, they gave him at least two changes to put forth the info ordered before that happened.


Wow. That is brutal. 60 days given. On stuff he is claiming he already has in place. The system is so unfair.

And here I am footing the bill for everything for the last year... even though our agreement lays out what he is supposed to be paying for and how much...

He doesnít Have benefits through employer. I already know that much. He claims his gf has put our children on hers. So fine. Then when my benefits are used first hers should kick in. Except they wonít kick back the money that I have put out. So it makes me believe there are no benefits?

Also how hard is it to come up with 3 pay stubs... or the life insurance policy he has had since marriage.

To me itís all obvious stalling and sad that he will be given a second chance. Judge was pretty clear he will get income imputed so not sure why he would withhold it.

Thx.


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Old 08-02-2019, 06:27 AM
Mom 2 Two Mom 2 Two is offline
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So I asked lawyer what next step is... as all this is really making my blood boil...

He gave several options but not really with any opinion if they would work.

Motion to strike his pleadings

An order that he is not permitted to use any of the documents he was to disclose at trial(not sure how that is helpful to me)

Summary dismissal of his financial claims and an order for costs at the same motion...

He also said not usual that his pleadings would get struck when custody and access are on the table.

Gosh I wish I had a lawyer who could tell me which way is best. Asking me to decide.... I donít want to waste anymore money.

And there is no settling... my ex wants to pay 0$. He agrees to nothing. Not even complying with any order. ;-(


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Old 08-02-2019, 07:13 AM
Helpmyspouse Helpmyspouse is offline
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I'm sorry to sound so negative but I've been at it for 6 years. You will waste a lot of money. There is no way around it. Lawyers can't do miracles and make it go away. They stretch their billable hours just inching your case forward at your expense. If your ex is being difficult, expect to lose a lot more in legal fees and the matter to drag on. No matter what option you decide lawyer will get paid so it doesn't matter to him.
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Old 08-02-2019, 07:34 AM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by Helpmyspouse View Post
I'm sorry to sound so negative but I've been at it for 6 years. You will waste a lot of money. There is no way around it. Lawyers can't do miracles and make it go away. They stretch their billable hours just inching your case forward at your expense. If your ex is being difficult, expect to lose a lot more in legal fees and the matter to drag on. No matter what option you decide lawyer will get paid so it doesn't matter to him.


Yes that seems to be what is happening. But Iím not sure how my ex can claim he canít afford to pay things yet continues to pay the lawyer??

So none of those options are worth even trying? I just donít want to get stuck with his costs for a motion. He is wasting everyoneís time. He did it to OCL. And now he continues to do it for court.


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  #9  
Old 08-02-2019, 08:33 AM
rockscan rockscan is offline
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You wonít pay his costs for a motion. Doing any of these things makes you vulnerable. Stop wasting money asking your lawyer these things. At the next conference he can point out to the judge that he hasnít met the order. He could also point out this simply wastes time and more money. Depending on the judge they may do something or just move it to trial. At this point, despite what the judge said, it looks to be going that way. The benefit though is that he is putting himself in the position to pay your costs.

Send another offer to settle and then ignore until the next appearance.
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