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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-18-2018, 08:08 PM
catherine212 catherine212 is offline
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Default I need help - Motion for Disclosure

What is considered adequate documentation for self-employed individuals? My ex and his lawyer insist that he has provided enough or "more than what would be ordered by court". I was at mediation today and the mediator said that it is impossible to work out the equalization without his documentation. Is there a list of what is absolutely required for self-employed people - and where can I find it? Is there any subjective leeway?

I hired a lawyer to bring a Motion for Disclosure and, after speaking with my ex's lawyer, said that, in his opinion, I would not be successful with the motion; however, today the mediator said that an equalization calculation was impossible.

Any idea what to do?
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  #2  
Old 06-19-2018, 07:40 PM
Berner_Faith Berner_Faith is offline
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What has he provided so far?
What are you trying to equalize?
RRSPs? Savings? Most financial disclosure like you are asking about is for support purposes. Full tax returns, any and all write offs, etc

It would be helpful to know what exactly you are trying to accomplish and what he has provided thus far.


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Old 06-26-2018, 06:30 PM
catherine212 catherine212 is offline
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1. He has not provided a list of assets or liabilities on the date of marriage.

2. I asked for invoice books for his business for 3 years prior to separation and he says he does not have them.

3. I do not have a Notice of Assessment for 2016, no tax return or NOA for 2017.

4. There are old statements for accounts that do not appear on his financial statement (i.e. there is a credit card statement that he says he has no knowledge of and the credit card company has no knowledge of, however, there is the statement and there is no proof that the credit card company has said they have no knowledge of the account).

I am not sure how much is enough or if it is worth hunting this down.
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Old 06-26-2018, 07:11 PM
rockscan rockscan is offline
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1. Do a search in the forum for self employed, self employed income and self employed income & equalization. Read through any and all posts outlining business worth and write those documents down.

2. Do the same on canlii.org.

Unless your stbx has a business that made $$$ when you married and increased to $$$$ when you split, it could have zero impact on assets for equalization. If you are seeking spousal, his business increase would only factor if you helped him achieve that (for instance you stayed home while he travelled to build his business).

His income is important for support purposes and that true income may not be found on his line 150. Again, your searches will help.

I note your other post about legal fees. You can control this by stopping the useless meetings and correspondence. He wont provide disclosure? Tell your lawyer you want a judge to order it. 60 grand is not a lot when you are going back and forth. Get the names of the documentation you need and ask for it once. If he refuses, let a judge order it. Most of that info he would need for cra and if hes that disorganized then his business isnt worth much.
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Old 06-26-2018, 07:15 PM
catherine212 catherine212 is offline
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So great. Thanks for your help. This is a bit of a nightmare for me. He doesn't want to pay what he owes and, unfortunately, it seems that the process is supporting him in this (i.e. he and his lawyer are bullying me into accepting the disclosure that he has provided - which I do not want to do).
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Old 06-26-2018, 07:25 PM
rockscan rockscan is offline
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Which is why I say get the list of documents, get in front of a judge, get disclosure ordered.
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Old 06-26-2018, 07:28 PM
catherine212 catherine212 is offline
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Thanks! I am trying to find the list of docs now. I'll post when I find them.
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Old 06-26-2018, 08:24 PM
rockscan rockscan is offline
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There is no set list. People have commented on other questions regarding self employment and small business owners.
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Old 06-26-2018, 09:06 PM
catherine212 catherine212 is offline
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I found recent case law Q v. S. 2016 ONSC 7447 with a very comprehensive list. Thanks for the suggestion of CanLii. So helpful. Looking for more.
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Old 06-26-2018, 09:58 PM
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arabian arabian is offline
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Get your hands on all the bank statements you can as well as GST/HST quarterly? (people tend to file those if they think they will get a refund) filings. Depending on the type of business the workers' compensation annual filing can also be helpful.

Does his business operate in cash? Get a list of his clients (for FRO when they go after his income they can garnishee, particularly if he has a steady income source from a few clients).

You want his actual income tax returns so you can see what he used as tax deduction because what is a deduction for income tax isn't necessarily a deduction for purposes of determining income.

I agree with others - there is lots of info on this site.

Find out if your lawyer has ever represented anyone who is self-employed. If not, I'd move on and find another lawyer. Sounds like the lawyer is stalling at your expense.
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equalization, mediation, motion for disclosure, self-employed


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