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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 12-14-2019, 11:12 AM
EspoirN EspoirN is offline
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Default How do I go about starting an urgent motion?

I am the moving party. After the case conference the Respondent (who works mostly for cash) was ordered to provide financial disclosure, he only provided his own personal statement and a few bank account statements showing almost 0 activity. I know he is making money I have some proof, although it is difficult because he works for cash mostly, handyman, does renovations.

Also, I am self-represented because I do not qualify for legal aid, I have a total of 54K of DEBT acquired most of it throughout the marriage (about 10K since he moved out and has NOT paid child support), so I am paying heavy interest on that. I own my home so I live in the home with my two children, he moved out 14 months ago, and for the 14 months has not paid any child support, zero. I am now $1000 away from becoming insolvent. I thought I would wait until the settlement conference to settle, or bring a regular motion, but the situation is dire as I have maxed out on all my credit during this 14 months, and am almost insolvent. So I need to do something now, urgently.

How do I file an urgent motion?

Do I go to a procedural motion with form 14B and 14A and 13.1 and other documentary evidence?

How far in advance do I need to serve on the Respondent my documents? Do I need to serve him with 14B, 14A AND 13.1? OR, do I serve him with only 14B ?

I am lost on how to proceed. I cannot wait for a regular motion because I am almost insolvent, I need a root canal which I might not be able to wait with until new year (I reached maximum on dental policy for this year). The stress level of being in this financial hardship is incredible and is affecting my ability to do my job at work, to take care of my two children (10 and 17). Please provide advice.
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Old 12-24-2019, 09:17 AM
backinthesaddle backinthesaddle is offline
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Can you remortgage the home? Pay off debt and start the ball rolling for equalization and legal separation with documented financials. If he doesn't have proof of income you may be out of luck with trying to get any money from him.
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Old 12-24-2019, 09:45 AM
EspoirN EspoirN is offline
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Unlikely that my mortgage would be increased. Dont courts impute at least minimum wage income? There is no excuse for not working at least 37.5 hrs at minimum wage... besides I have some examples and proof of him working and not disclosing, would the court not take that into consideration? And itsnot just remortgaging, its section 7 expenses too, that the father of two should try to contribute to, no? I could sell the house, take my two kids and go live in a shelter too as an extreme option, but there has to be a line somewhere of what one parent is expected to do in relation to the other, like working full time at least at minimum wage. I would like to get more information on how to do an urgent motion at this point. The Respondent is on the verge of contempt of court for not disclosing assets and income as per court order. He complied with the date and provided a short written statement (that he has no income), but did not disclose anything.
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Old 12-27-2019, 12:59 AM
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You need a lawyer. You won't be able to bring an urgent motion without one. As well, you could get slammed with costs. The complexity of bringing an urgent motion is very complex.
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Old 12-27-2019, 01:15 AM
EspoirN EspoirN is offline
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I cant afford it. Im almost insolvent, and I dont qualify for legal aid. Where is the access to justice?
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Old 12-27-2019, 12:22 PM
Stillbreathing Stillbreathing is offline
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Urgent motions in court are generally reserved for emergency situations involving the safety of the children... and yes you can bring an urgent motion about the children yourself as a self rep and be successful. I did.


Judges are far less likely to entertain an urgent motion if it involves finances even if it involves children. I brought an urgent motion by myself re:finances and although the judge released 5000.00 to me from money held in trust from the sale of the matrimonial home, that was not enough. That was 4 years ago. 5000.00 does not last 4 years for food, shelter and clothing .

To the above poster. The reality is that even if you get an order for child support, arrears, that your ex has to pay some of your bills, etc... enforcement and actually getting your money is a whole different ball game. If your ex refuses to pay it may take years to get your money if you get it at all. Best to cut your losses and do what is in your control to do. This may mean selling your home and renting or moving in with family. This is the unfortunate reality of family court.
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Old 12-27-2019, 12:39 PM
EspoirN EspoirN is offline
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Thank you for the more optimistic response. Wont the respondent be in contempt of court if they dont follow the court order and pay? There is a credibility issue with the Respondent, I wont go I to details here, but he was trying to conceal assets and has worked but not disclosed it. So I have no doubt that the judge will impute some income, the question is though how much.
However, I am disillusioned that the court would do nothing to ensure that the order is enforced. Some people say that if the responsibility office is involved then wages can be garnished and drivers license and passport can be taken away from them, is that not so? And, if he owes a lot in arrears then it could be subtracted from the assets when equalization of assets is done, no??
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Old 12-27-2019, 02:31 PM
Stillbreathing Stillbreathing is offline
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The court does have remedies available to punish those who disobey court orders. There are several realities about family court you need to keep in mind.

1) contempt findings are rarely made even if the party does meet all 3 criteria to be found in contempt. Family judges do not like to make this finding for fear of increasing the acrimony between the parties ( especially if children are involved). Even a finding of contempt does not mean you will see a dime.

2) the wheels of justice are rusty and make snails look like race cars. It can take years ( or as in my case nearly a decade) to get to trial! Even after trial you then need to get enforcement of the order. Yes FRO has enforcement tricks up there sleeve but they too work much slower than a snails pace. They wont even consider doing anything until your ex is at least 6 months or thousands of dollars in arrears. If he gets paid cash under the table there is not much they can do. They can take his drivers license and passport but again, this will take years before they do. If your ex is like mine he can put his millions in his siblings name and put the title of his house in their names too which will cause you to have to go back to court and ask a judge to make the siblings parties to your divorce.

3) if you are on the verge of insolvency you have to find a solution on your own. It may take you years or decades to get the money you are owed if you get it at all

4) as far as equalization payments go, unless the proceeds from the sale of the matrimonial home are in trust and cover the amount you are owed, youre out of luck and youre on your own to collect. In other words you will have to place a lean against his home or have a sheriff seize his assets ( if they are still in his name)


5) jail time is a rarely used option and even if used will not get you the money owed

6) because the wheels of justice move so incredibly slow, Justice can not always be had. This painfully slow movement of time is heaven for somebody like your ex. It gives them time to move all their assets offshore, put their assets in a family trust with them as the sole beneficiary but their siblings named as trustees therefor putting their assets out of FROs reach, putting their homes or vehicles or business in another persons name, etc. Meanwhile, if you go bankrupt or in my case the kids and I live for a period of time out of our car, the court does not care!!!

Do not for one minute confuse reality with family court justice. The two are not related.

Last edited by Stillbreathing; 12-27-2019 at 02:39 PM.
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  #9  
Old 12-27-2019, 03:26 PM
EspoirN EspoirN is offline
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Thank you so much for your detailed answer. Thankfully I have already gathered proof of his apartment abroad which he denied was in his name solely. So I now have proof and whatever he does, it will be after we separated, so he is out of luck. The house is solely in my name, title, mortgage and 46k owed in credit line, all acquired during marriage, which is disproportionate debt, as he does not have any credit cards even, because he never wanted to have one in his name, was afraid of debt. So I think I know where I will be going with this. Is your matter resolved now?
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Old 12-27-2019, 06:49 PM
Stillbreathing Stillbreathing is offline
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No my matter is not yet resolved. We are going into our 9th year of litigation. This year in 2019 we finally resolved custody ( permanent supervised access). We have not resolved any other issues despite the fact my lawyer and I have sent multiple severable offers to settle. All of which he ignored. He has not sent one single offer to settle on any issue during all these years. My ex has a catastrophic brain injury and received a large settlement. His lawyer has been milking him for every penny. Im hoping that 2020 is the year we finally settle everything. We shall see.
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