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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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Old 01-13-2010, 11:16 PM
happilydivorced happilydivorced is offline
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Default Judge Requesting Financials

My ex-husband and I have been fairly amicably separated for almost 5 years now. We share custody of our three children 50/50. I work full time and he is self employed. We both make roughly the same income and do not exchange money other than the CCTB each month. We split the costs for our children's clothing, activities and school related expenses without any disagreements.
About 3 years ago I applied to have our separation agreement changed to a divorce without any changes required. The judge in our case requested 3 years of tax remittances supplied to her before she would proceed. This is where the problem is. Because my ex is self employed he would not supply anything further than the Revenue Canada paper with the final amounts. They show income as next to nothing. This past year he did finally provide me with the information including the breakdown of expenses. Even the gross amounts were very low. Certainly not livable. I am quite certain he does a lot of jobs for cash.
My dilemma is this: I do not know the true amount of his income, nor am I seeking to. I can see he takes good care of our children and they live very comfortably with him. He has a pool and they go on trips each year. He is not seeking to have money from me either. If I provide the documents to the judge, it is likely that he will be awarded support. My lawyer has not seen the documents and I am wondering if it would be worth it to show her as she will likely say the same thing as she did when we only had the Revenue Canada remittance and that is that there is no way he is living on that amount of money. At this point I do not wish to spend any more on the lawyer as our oldest will be off to university and I would rather save it for that.
If I truly made more than my ex I would have no problem paying, but I know that I do not. I am earning around 45K yearly. One of his returns shows income of about 5K and the other years are not much more. Is there anyway to request a different judge or to even write an explanation like the one above to hopefully just have the divorce granted? Any thoughts on this would be appreciated.
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Old 01-14-2010, 12:13 AM
billiechic billiechic is offline
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If you both agree in writing that you are able to support the children and that you each agree that the other is also capable, I think you have a shot. It would be a nightmare for him to put those financials together just for a judge. I understand the judge is protecting the children's rights.

You have to think though that if it is allowed to go through without proper financial disclosure that you may be setting a precedent that could be really harmful for the next case.

You should take to your lawyer.
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Old 01-14-2010, 07:48 AM
so_long so_long is offline
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Is you ex ok with just switching it to a divorce? I'm ignorant on the whole process but thought an uncontested divorce wouldn't require the judge to see financials.
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Old 01-14-2010, 10:18 AM
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dadtotheend dadtotheend is offline
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For a judge to grant a divorce, he/she has to ensure that the children's needs are being met and that includes evaluating child support, which in turns requires that the spouses disclose their financial information.

Don't worry about giving the judge the details. If you're getting along fine and agree to continue the status quo, the judge will almost certainly endorse.

Judges love it when the parties get along. You are basically just clearing a technical hurdle and the fact that you two have a good working relationship will trump all.

I would be astonished if a judge made an order for CS if the two of you go in there together and present an amicable picture where everything's working for the kids. You two will present like a fairy tale compared to the rest of us clowns
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