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Allowed to file financial statement without NOA?

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  • Allowed to file financial statement without NOA?

    Hey Folks,

    Mom's spouse (common law) of 31 years has recently said that he wants to separate. Theyre on their way to court and so both need to file financial statements. Moms lawyer said that former spouse is seeking courts permission to file his financial statement without his NOA and that the Judge will most certainly allow it...i thought as long as there was a claim involving money, a financial statement, including NOA was an absolute must. Why would he be allowed to do this? Does it even matter?

  • #2
    mom's lawyer is full of shit...
    go to your local courthouse and ask the clerks (where you file) if they can accept a filing without the documentation.

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    • #3
      Lawyers giving impression that unless Judge agrees she has a chance at what shes seeking, only then will he have to file his NOA. Doesnt sound right to me. I'll tell her to call clerk in the morning. Thanks Arabian!

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      • #4
        Would it make a difference given they were only common law?

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        • #5
          How can a judge determine if there's a chance for unjust enrichment here, without seeing his whole financial picture?

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          • #6
            without knowing further information I am at a loss to respond.

            People can spend years in court avoiding providing full financial disclosure.

            Who is Applicant and who is Respondent? Is there an ongoing court file?

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            • #7
              Spouse told her that he wanted separation and that she needed to leave the house, even though her names always been on it alongside his. He has a new girlfriend and want a mom out of the way.

              Mom filed application for her share of equity in the home, and spousal support. Her lawyer added request for I guess percentage off his CPP/stocks, etc...and something to do with putting it into a constructive trust??? I told her that I dont think she's likely to get any of the latter.

              He keeps withdrawing money from equity in the house and "vacationing" in the States - 3 trips now in 2 months. Mom found a pamphlet for banking in the States in his closet. She thinks he's stashing money out there. Who knows.

              Anyhoo, her lawyer daid that he's asking courts permission to file financial statement without NOA, and as mentioned above, he's giving impression that unless Judge determines Mom has a chance at any of the above, they'll allow it.

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              • #8
                A little extra background -

                They had a child together, he's now an adult. Mom was encouraged to stay home and raise their son, while he made the big bucks at work, including ongoing schooling to better himself. She happily took on the role of stay-at-home Mom, while running a daycare from home. She furnished maybe 75% of home bit by bit, provided their sons every need from clothing to school supplies, etc., she purchased the groceries, she took care of christmas' and birthdays, all on her childcare income, cooked the dinners, kept an immaculate home, did the laundry...and now he's saying because he paid the mortgage and utilities, she needs to get out of his home.

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                • #9
                  As long as her name is on the house she doesn't have to leave no matter who paid what. If there are things that are personally hers with sentimental value tell her to remove those things from the home. If it gets nasty those things may go missing, get damaged or destroyed.

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                  • #10
                    Originally posted by RLS View Post
                    A little extra background -

                    They had a child together, he's now an adult. Mom was encouraged to stay home and raise their son, while he made the big bucks at work, including ongoing schooling to better himself. She happily took on the role of stay-at-home Mom, while running a daycare from home. She furnished maybe 75% of home bit by bit, provided their sons every need from clothing to school supplies, etc., she purchased the groceries, she took care of christmas' and birthdays, all on her childcare income, cooked the dinners, kept an immaculate home, did the laundry...and now he's saying because he paid the mortgage and utilities, she needs to get out of his home.

                    From what your saying, she wasn't a stay at home Mom but rather she changed careers to a home business.

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                    • #11
                      Together 31 years, I assume they filed common law taxes. Mom would know the range of income her ex makes... if financial statement is way off mom could argue that the NOA is required but if said financial statement shows similar income is it a hill to die on?

                      I also agree that it doesn’t sound like mom was strictly a stay at home mom but ran a daycare instead, which means she made a career change, while it may have been a downgrade in income, she could have returned to the work force when their child entered school.

                      Common law has different rules than marriage and it isn’t as cut and dry as when a marriage ends


                      Sent from my iPhone using Tapatalk

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