Appropriate Evidence?

[takeontheworld]

Now that Tayken has so kindly advised me not to annoy the judge, Im kind of heistant as to want evidence I can present, if its pertient info or not. My ex lives in a country that permits more than one wife at the same time. It is my understanding that he did have another wife before we were divorced. He also has a fairly new child. As for me, I am happy for me, he keeps him out of my life. The only reason I wanted to use this in court is because he denies both. But I do have significant proof that both statements are true. I only want this to discredit him as he also says he has not been employed in the last 3 years...possible but not something I believe. He is an educated man and when we were still married making 100k+. I also think a judge might find this interesting that he is able to remarry and have a new child at the same time as he provides no support the daughter we share.
Should this be brought up?

[FightingForFamily]

It is hearsay without proof. You need proper financial disclosure in order to determine what support he should pay or be capable of paying for your child.

Otherwise you can try to argue an income should be assigned to him based on his education and previous history and have support paid on this estimated income. In which case you will present evidence detailing what he has made in the past and should/could be making now realistically.

[takeontheworld]

I do have proof that he married again before we were divorced and had another baby.

[FB_]

What are you hoping to accomplish with this proof besides to discredit him. What relevance does it have to the reasons you are in court.

So what if he is married again...How does that affect you? Why would the judge care?

Having another child might be relevant but again you might want to provide a context to what you are trying to get and how this "evidence" is in fact relevant to what you want.

[takeontheworld]

His other wife doesn't affect me, it affects my daughter. If he has money to to marry again and start a family, he has money to take care of his obligations in Canada which he is not doing and has not done in almost 3 years. I need the court to realize that if he would lie about having a wife and child, he might perhaps be lying about not being employed. It is the whole reason we are in court. I believe it is his responsibility to help financially take care of his daughter. I believe it is his obligation to pay half the mortgage as he refuses to sign papers to sell it. I left my ex while we were all overseas. I took my daughter and we came back here, where we had the house. I came back without a job and without consistent child support from him. When I originally filed for divorce, thats when he stopped transferring money.
As he is overseas and claims he has no income and pays no tax, I think it is VERY relevant to prove that he has occasionally lied. He does not give full disclosure and no real way to make him provide it.

[Tayken]

His other wife doesn't affect me, it affects my daughter. If he has money to to marry again and start a family, he has money to take care of his obligations in Canada which he is not doing and has not done in almost 3 years.

You already have the evidence of the fact. You have not received any child support for 3 years. If the other parent is not residing in Canada and in a country that doesn't have a bilateral agreement on the payment of child support you may be up the creek... without a paddle.

I need the court to realize that if he would lie about having a wife and child, he might perhaps be lying about not being employed.

The better approach is to rely upon Rule 13, make the proper income disclosure request and let the other party fall on their own sword. You don't need to anticipate the lies. Again, if the other party is out of country and residing somewhere beyond the reach of FRO... You will get an order, FRO will then have their hands tied because well, they can't go after anything because they have no standing with that country.

Why call someone a lier when you can leverage the Rules properly in the FLR and they can demonstrate it themselves? You don't need to throw stones... It is better to ask for disclosure in accordance with the Rules, give them the opportunity to do the right thing and let them fall on their own sword.

It is the whole reason we are in court. I believe it is his responsibility to help financially take care of his daughter.

Actually, it is BOTH parents obligation to support their children. You are expected to support the child financially as well. Always remember that one too. Of course, he is responsible to support the child too.

Child support is the right of the child... not the parents.

I believe it is his obligation to pay half the mortgage as he refuses to sign papers to sell it.

You can request that the court consider his obligation to pay for the joint asset.. But, remember, he is entitled to half the equity and debt in the house too though. Divorce in Canada is "no fault" and if he had an extramarital affair it doesn't impact this at all. He could have had 12 affairs and half the house and debt associated to the house is his.

I left my ex while we were all overseas. I took my daughter and we came back here, where we had the house.

I hope you did this with consent. If not, you may face a Hauge challenge if the child was established in the other country over seas possibly.

I came back without a job and without consistent child support from him. When I originally filed for divorce, thats when he stopped transferring money.

Well, he is still obligated to pay child support. Hopefully he is in a country where FRO can have the order enforced. There are many nations a parent can still hide in that won't enforce a child support order from Canada.

Hopefully he is in a Common Wealth country for example...

As he is overseas and claims he has no income and pays no tax, I think it is VERY relevant to prove that he has occasionally lied. He does not give full disclosure and no real way to make him provide it.

The court will impute him an income if he fails to demonstrate he has an income.

Good Luck!
Tayken

[takeontheworld]

Unfortunately, he is in an Arab country that is quite out of reach of Fro. I have asked for ful disclosure. His lawyer agreed to submit Notice of Assessements for the years that he had however thats never happened either and even if they did submit them, it wouldn't really matter much as I know he has not ever reported as much as he actually made while we lived over seas.

In our settlement conference the judge actually mentioned that a child support order could be made based on previous incomes. As well, the ex would have to set up a trust with for example 20K. If he did not meet his monthly child support obligations, that trust would be opened up, and the house would be sold and split equally. I am hoping thats not what happens though as I feel my child has had enough change in her life. This school is the only school she's ever gone to, all her friends are here, the only daycare provider she's ever had is here. I do not feel its whats best for her. We have survived for the last few years without any financial supprt from him which I can continue.

Thank you Tayken, I appreciate all of your info.

[Rioe]

Let me see if I have your situation understood correctly. As I see it, these are the relevant facts.

Your ex has moved overseas out of reach of Canadian law. He is still on title to the house you reside in here in Canada. He does not pay child support. You do okay without it, and do not want to sell the house to give him his share because you don’t want to move.

Why not just forget about him for now? You can consider his share of the house to be a lump sum of CS or something. This way, you don’t have the stress of worrying about all this or dealing with him, or the expense of lawyers or tracking him down, etc. As long as you have made documented efforts now of trying to handle this and being unable to due to his failure to cooperate, you’ll have that for court later if he puts in an appearance wanting his share of the house. You can then bring up the CS arrears and negotiate to trade one off for the other, and get regular CS starting. Or maybe you’ll lose contact with him entirely and can do things like get him off title uncontested in a few years.

It’s sad for your child, of course, but it sounds like he’s washed his hands of you and Canada entirely. But unless you want to sell the house in the near future, moving on with things unfinished might be best overall for you.

On the other hand, does he want access? Is he pursuing you for anything?

[takeontheworld]

Let me see if I have your situation understood correctly. As I see it, these are the relevant facts.

Your ex has moved overseas out of reach of Canadian law. He is still on title to the house you reside in here in Canada. He does not pay child support. You do okay without it, and do not want to sell the house to give him his share because you don’t want to move.

On the other hand, does he want access? Is he pursuing you for anything?

He wants nothing other than to have skype access to my daughter. Which isn't a problem, especially since he never uses that access anyway. Hindsight is 20/20, I realise I should have left stuff alone once the divorce was severed. Unfortunately the wheels are in motion now. Thats what Im asking for, for his equity to be a lump sum payment for child support.
It was mentioned in settlement conference that I buy him out...I just do not have it in me to do that. It just seems so wrong. He already owes me a few years in back child support that Im certain will never be paid yet I end up giving him tens of thoughts of dollars? I really cant.

[OrleansLawyer]

Unfortunately, he is in an Arab country that is quite out of reach of Fro.

Retain a lawyer, seek to turn his Canadian assets into lump sum child support, and hope they are sufficient for your long term support.

What are you hoping to accomplish with this proof besides to discredit him.

Credibility is extremely important in family law.

If not, you may face a Hauge challenge if the child was established in the other country over seas possibly.

Commentary; most middle eastern countries are not Hague signatories. Secondly, as she is in Canada, the application would need to be brought here.

[takeontheworld]

Retain a lawyer, seek to turn his Canadian assets into lump sum child support, and hope they are sufficient for your long term support.


Credibility is extremely important in family law.


Commentary; most middle eastern countries are not Hague signatories. Secondly, as she is in Canada, the application would need to be brought here.

This is all very helpful, thank you OrleansLawyer.

[Mess]

Why not just forget about him for now?

If there is a fire, she is only part owner of the home, and would not receive the full value of the home from insurance. I'm sure I could think of other reasons, but that one is big enough.

[Tayken]

Commentary; most middle eastern countries are not Hague signatories. Secondly, as she is in Canada, the application would need to be brought here.

Commentary, wasn't aware of the country of residence of the other parent until disclosed, which was after the information was provided.

Good Luck!
Tayken

[Tayken]

If there is a fire, she is only part owner of the home, and would not receive the full value of the home from insurance. I'm sure I could think of other reasons, but that one is big enough.

Agreed. Or if the basement floods and she needs to get consent to repair the house from the insurance company...

Wild rainstorm in Toronto causes flooding | Toronto & GTA | News | Toronto Sun

Good Luck!
Tayken