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Stillbreathing · #11 02-08-2022, 11:11 AM

Yes you do have to provide your banking and credit card statements and if your matter drags on you may be asked to provide more statements. My matter dragged on for 10 years and I had to provide 10 years of bank statements over the course of the litigation. The dark side even asked for bank statements during the period we were married to which I said no. Want to know what’s even more fun? The dark side asked me to provide disclosure of non-existent assets! I am not kidding. I did provide proof that I did not have a specific asset and we have won costs for that bit of lunacy.

rockscan · #12 02-08-2022, 11:14 AM

Quote:

Originally Posted by Stillbreathing

Yes you do have to provide your banking and credit card statements and if your matter drags on you may be asked to provide more statements. My matter dragged on for 10 years and I had to provide 10 years of bank statements over the course of the litigation. The dark side even asked for bank statements during the period we were married to which I said no. Want to know what�s even more fun? The dark side asked me to provide disclosure of non-existent assets! I am not kidding. I did provide proof that I did not have a specific asset and we have won costs for that bit of lunacy.

Your matter is really ridiculous and the shit your ex has put you through is unfair. Your case is one that makes me hate the family law process. You�re basically being held hostage by your terrorist ex husband. Im sure he is hoping you will give up and let him get away with it. Saying he is a terrible person does not really capture just how evil he is.

Brampton33 · #13 02-08-2022, 12:05 PM

The goal of litigation is to settle and not waste money or court resources. Do you know what a judge sees when he/she sees you in the room? Two grown ups who can't resolve their own differences to part ways.

There are 2 ways to handle OPs situation. Ignore the lawyer letters OR send a polite response saying that you provided the relevant information per the Family Law Rules. If your ex wants to spend all sorts of money sending letters, let them. If tour ex wants to have their lawyer focus on irrelevant arguments, let them. In my case, my ex's lawyer went on tangents about junk that was immaterial to custody/access (the basis of our case). The judge let the lawyer rant on...and when the judge turned to my lawyer, she would say "So, getting back on track to discuss custody and access, here is our position...."

However, remember that the goal is to finalize your divorce with minimal impact to you...both in terms of time and money. Get out of the court system with a fair resolve to your affairs. If you peeve off the other side and start a war, you are only hurting yourself in the long-run. Be nice. Play nice. Don't start a war. Don't participate in mud slinging. Take the high road.

StillPaying · #14 02-08-2022, 12:18 PM

Quote:

Originally Posted by rockscan

...If you are a salaried employee who is paid traditionally by an employer then your paystubs and tax forms are sufficient.

.....If you have provided everything that proves your income and are above board about it and not claiming hardship, the extra info is irrelevant.

....You can take my info or leave it.

Again, there are Many reasons to request full disclosure besides being "underemployed". Cases are unique so this long winded post doesn't help unless you're doing it for the other 99% of reasons.

StillPaying · #15 02-08-2022, 12:39 PM

Quote:

Originally Posted by Brampton33

There are 2 ways to handle OPs situation. Ignore the lawyer letters OR send a polite response saying that you provided the relevant information per the Family Law Rules.
... Take the high road.

I'm sure you can think of more than 2 possibilities.

Tayken · #16 02-08-2022, 01:01 PM

To clarify...

Rule 13 in Ontario requires FULL AND FRANK financial disclosure. So yes your bank accounts and financial transactions can be requested. Happens all the time.

https://www.ontario.ca/laws/regulation/990114#BK32

Provide them. Its disclosure. Request back the same from the other party too.

pinkHouses · #17 02-08-2022, 01:16 PM

Quote:

Originally Posted by Tayken

To clarify...

Rule 13 in Ontario requires FULL AND FRANK financial disclosure. So yes your bank accounts and financial transactions can be requested. Happens all the time.

https://www.ontario.ca/laws/regulation/990114#BK32

Provide them. Its disclosure. Request back the same from the other party too.

How far back?
I have threads where you guys said: 'You are not entitled to the tax returns they filed. Only their assessments when filing a motion to change' even though disclosure rules say I am.

@rockscan said the judge in the other file said "no", did I get that mixed up with credit?

Now Tayken says dump everything at their request.

I am receiving mixed messages here.

StillPaying · #18 02-08-2022, 02:04 PM

Look at 13(11)(11.1)

Usually since Valuation Date, but can go back further. There is a proportionality to it, but these and more are commonly granted

Quote:

proof of income from all sources;
recent pay stubs;
copies of your income tax returns (notice of assessment, recent tax returns, notices of reassessment) with all schedules and attachments;
bank statements;
credit card statements;
mortgage documents;
line of credit statements;
money owed to you;
business interests;
property assessment notices;
Copies of all bank, RRSP, and investment accounts

Failure to comply can lead to:

Quote:

An order for costs
An order dismissing a claim
An order striking out pleadings filed by the party in breach
An order that documents not provided cannot be used
An order for contempt

rockscan · #19 02-08-2022, 03:26 PM

Quote:

Originally Posted by StillPaying

Look at 13(11)(11.1)

Usually since Valuation Date, but can go back further. There is a proportionality to it, but these and more are commonly granted

Failure to comply can lead to:

Of note from the Ontario Family Law Rules�

Insufficient financial information
13(11) If a party believes that the financial disclosure provided by another party under this rule, whether in a financial statement or otherwise, does not provide enough information for a full understanding of the other party�s financial circumstances,

(a) the party shall make a request in writing to the other party for the necessary additional information; and

(b) if any requested information is not given within seven days of the request, the court may, on motion or at a case conference or settlement conference, order the other party to give the information or to serve and file a new financial statement. O. Reg. 522/21, s. 4 (4).

Which is what happened in my husband�s case�the ex did not believe the financial statement, paystubs, offer letter, EI statement, T4 and T1 were sufficient and demanded more in writing and then after several months, filed a motion for disclosure. The onus was on her to prove why it was necessary(insufficient) to prove income for support purposes. The judge agreed with my husband that he had provided sufficient disclosure and she was ordered to pay costs due to her loss.

Should also note on timelines, it depends on the matter. The ex was demanding a recalculation of child support back to 2015. She was demanding proof of income dating back to 2012. The judge told her he would only order back to 2015, the date she was claiming.

Every case is different and it may require a judge to decide. If you (or your lawyer) decide you meet the Family Law rules and Federal Child Support Guidelines disclosure rules, they can ask all they want. Doesn�t mean they are entitled.

StillPaying · #20 02-08-2022, 03:44 PM

Quote:

Originally Posted by rockscan

...
Which is what happened in my husband�s case�...
If you (or your lawyer) decide you meet the Family Law rules and Federal Child Support Guidelines disclosure rules, they can ask all they want. Doesn�t mean they are entitled.

Now step away from your husband's case for a minute and put yourself in OP's situation.

Original application, not MTC, cs, ss, property, assets, debt, equalization, incomes... everything. It is almost guaranteed that they will need to disclose their bank and credit card statements.

The sooner the better for everyone.

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