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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 05-04-2022, 06:30 PM
Kkc Kkc is offline
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Default The saga continues…and this is not a Star Wars day post

So we served ex with a form 20 (request for disclosure)

Basic facts on litigation, ex and her lawyers (all 3) have always refused to engage in any form of discussion bc of how insane the adjustments are

I offered to mediate this issue as we were able to use this service to settle a big chunk of child side of file. Since that time though, her behaviour has decompensated significantly and she is very hostile.

I reached out to the mediator and was informed they would contact her. Last night she sent an email stating “I will not mediate”

So basically, we will need to do a motion for financial disclosure..like even just her bank account records to ensure she isn’t getting cash support and ensure she was not cyphoning money from our bank account pre separation

She cannot afford to litigate. Is there a mechanism I can ask at this motion to ensure stall and delay tactics cease and this matter ordered to mediation or arbitration.
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  #2  
Old 05-04-2022, 07:21 PM
rockscan rockscan is offline
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Your ex isnt going to go quietly into that good night so stop trying to understand or deduce reason in anything. File a motion for disclosure and get the documents. Then file to move the case forward and end it. All you are doing is spending your equalization.
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Old 05-04-2022, 07:24 PM
Kkc Kkc is offline
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Oh I know she will go down swinging

My question pertains to your comment of “file to move the case forward”

What do I do exactly and can that relief be sought at motion for disclosure

I am prepared that some of requested disclosure will need to be subject to questioning bc she will lie in affidavit
But like at what point can the courts force her to arrange securities because if she goes all kamikaze and doesn’t have money now…
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Old 05-04-2022, 07:27 PM
rockscan rockscan is offline
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Ask Stillpaying, he moved his case forward with a heel dragging ex.
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Old 05-05-2022, 02:09 PM
StillPaying StillPaying is offline
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OP's only option is trial. Continue your conference journey to get to trial asap. You'll either settle right before or a judge will decide, but resolution is there.
Motion for disclosure, push for trial at conferences.
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  #6  
Old 05-05-2022, 02:22 PM
Kkc Kkc is offline
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Thx

I think I’ll get disclosure motion

Ask to be given monthly updates on her being reinstated

She did send an email saying she will refuse mediation

I will ask for an advance of my money from house since she has no claim and the adjustments are so lopsided

If someone is paying the legal bills I will push for securities if she insists on a kamikaze approach

When I do get my cost award I can basically try to use that to push the issue of securities or make it payable through fro
Unfortunately I likely will have to bankrupt her if she insists on going this way
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Old 05-05-2022, 02:45 PM
StillPaying StillPaying is offline
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Court is the only option for many. It's not a kamikaze mission because you won't give in to ex and would rather a judge decide. Same for ex. Stop focusing on ex; she has free lawyers available for trial. Focus on getting to resolution asap.
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  #8  
Old 05-05-2022, 02:52 PM
Kkc Kkc is offline
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Where it’s kamikaze is that the numbers are so skewed and she cannot cover what she owes. We’ve presented the numbers and they are very simple

She’s already had imputted income pre trial, so she needs to get to work

I asked to mediate the finances, figure a way to keep her from bankruptcy and give her chance to get back on her feet, I told her all this..but she wants to fight.

I would basically be leaving 50k plus on the table..but she wants to fight
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Old 05-05-2022, 03:11 PM
rockscan rockscan is offline
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You care too much about what she is doing financially. Take care of yourself. If she loses and has to pay, she can get out and get a job like the rest of us.
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  #10  
Old 05-05-2022, 03:17 PM
Kkc Kkc is offline
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I have to care about what she does financially because I do not want to cripple myself financially.

It is cheaper to settle but it has to make sense either to a mediator, an arbitrator and then a judge

What will a judge say, okay support to be reviewed in x years and she will pay back 2500 in credits monthly...its all a wash

My biggest curiosity is how she can still pay her lawyer...if someone else is then it is considered support and taking out some of her "need"
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