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

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Old 08-15-2011, 01:00 PM
m_and_c m_and_c is offline
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Default forcing financial disclosure after separation agreement signed?

Hi there,

is there anything that can be done to force financial disclosure (and after the fact, at that), or to prove hiding of income (again, after the fact), without bankrupting ourselves in the process?

The people involved in this story are my husband and his ex. He and she jointly owned a small business. She ran the business day to day. She refused to hand over any of the financial records for the store, and she, her lawyer and the business's accountant refused to provide income tax records for the business. She then (illegally, as far as I can tell) took it upon herself to re-register the business under a new name, and as a sole proprietorship, liquidated all stock from the jointly held business and pocketed the profits. Again, no permission was gained from him, nor were any financial records given to him. AFTER this occurred, he was railroaded into signing a separation agreement with her, with NO financial disclosure on her part! He admits this was definitely a mistake, but we are where we are at this point and there's no changing it.

She has steadfastly refused to get a job (saying nobody will hire her, despite us being near Ottawa and her being bilingual, with plenty of work experience behind her), all the while collecting alimony and child support from my husband, despite their youngest daughter having dropped out of high school and is now working and living with her boyfriend somewhere that is NOT her mother's home. His ex is also now living with her boyfriend, who also works and brings home an income. What incentive does she have to get a job now? None, so far as I can see....she had another one of their (age of majority) daughters living with her and paying rent (!!), her boyfriend supplies a steady paycheque, and she's living high off the hog with our money to boot.

Their divorce is not yet finalized.

Meanwhile, my husband and I are struggling to get by. We make a very reasonable combined income, but you would not know it. He took on ALL debts accrued during the course of their marriage (which, thanks to her, are CONSIDERABLE). We are struggling as we are and my government job will soon be coming to an end. I honestly do not know how we will get by.

Is there any way of forcing financial disclosure on her part at this late date? Is there any way of using her present day situation to end her alimony? Would him finalizing the divorce at this point have any negative effect on ending the alimony before the date set in the separation agreement, or on forcing of financial disclosure (if that's even possible)? We can't afford to take her to court at this point, and I fear that we have no options to get any justice.
Old 08-15-2011, 02:26 PM
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NBDad NBDad is offline
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Did your spouse have independent legal representation when he signed the SA?

If the child is done school and living on her own then she's independent. Simply file a motion to have child support terminated. (request proof of enrollment at a school from the ex and give her 30 days to respond to cover your ass).

Was equalization covered in the separation agreement? Or just custody/access/spousal. How did you do the calculations for spousal without knowing her income/financials?

What's the end date on the spousal as it stands now?
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