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  • #16
    Originally posted by arabian View Post
    What a dickless ahole.

    Your legal journey will be long (because he has the $$ to make it so). You can most definitely have your lawyer get Order to advance you money from matrimonial property to pay your bills and ensure that you have proper legal representation. Court will ensure you can litigate on equal footing. Get this done yesterday. Of course your lawyer will arrange interim Order for SS (this is usually very high to encourage the dick-head to NOT drag things out).


    He has put her on his payroll. How will that affect SS and order for advance?



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    • #17
      It will show his dishonesty (if she is not an "employee"). He will have a fine time explaining that to CRA as well.....

      A competent lawyer would have been in front of a judge within a week, of when he walked out, obtaining interim Order for substantial SS and CS. THEN you start negotiations.

      This woman should NOT be in debt to her father. Ridiculous.

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      • #18
        Backdating Date of Separation

        I'm with Arabian... find yourself a new lawyer.

        What is also curious as to why the house was solely in your name.

        If it was solely in your name, why would he block the sale of the home?


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        • #19
          Yep and hope she has current lawyer's bill assessed.

          She needs a competent, experienced lawyer - not another friend.

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          • #20
            Originally posted by len14 View Post
            Is he supporting the kids financially?


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            Yes. He pays their tuition and rent.


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            • #21
              Backdating Date of Separation

              Originally posted by arabian View Post
              What a dickless ahole.

              Your legal journey will be long (because he has the $$ to make it so). You can most definitely have your lawyer get Order to advance you money from matrimonial property to pay your bills and ensure that you have proper legal representation. Court will ensure you can litigate on equal footing. Get this done yesterday. Of course your lawyer will arrange interim Order for SS (this is usually very high to encourage the dick-head to NOT drag things out).


              Yes I got an interim support order last December. It was retroactive to March 2016. I paid my father back $20,000 of the $60,000 I owed him at that time. ($40,000 was the down payment of my new townhouse). I am no longer on his payroll and as of January 1, 2017 he transfers money to my account every first of the month. We aren't going through FRO.


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              • #22
                Backdating Date of Separation

                Originally posted by len14 View Post
                I'm with Arabian... find yourself a new lawyer.

                What is also curious as to why the house was solely in your name.

                If it was solely in your name, why would he block the sale of the home?


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                I just switched Lawyers to a more aggressive one. First lawyer is a nice guy, but too laid back. New lawyer has been referred to me by other Family Law lawyers I know.

                Even though I was title owner of our home, a matrimonial home requires both spouses' consent to sell. He owns his own business and should he had ever been sued, they would not be able to go after our house because it wasn't in his name. This is common practice for people who own a business.


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                • #23
                  I owned a business for 30 years. Don't be duped. Quit listening to the nonsense your ex feeds you. If you are a "director" in an incorporated business you are liable for many things, including debt (employee CPP, EI, taxes) owed by the business. I know this with certainty. I lost over 200k with the same incorrect information you have received. Also, did you know that family law "trumps" corporate law if you are in partnership with your ex? I didn't know this.... many things I didn't know.

                  Get paid through FRO. Trust me. You will be sorry if you don't.

                  Matrimonial home needs a judge's order to sell. Don't ever forget that.

                  MAKE SURE YOUR LAWYER HAS BUSINESS EXPERIENCE OR YOU WILL PAY $$$ Preferably a business degree as well as a law degree
                  Last edited by arabian; 09-08-2017, 07:43 PM.

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                  • #24
                    Originally posted by arabian View Post
                    I owned a business for 30 years. Don't be duped. Quit listening to the nonsense your ex feeds you. If you are a "director" in an incorporated business you are liable for many things, including debt (employee CPP, EI, taxes) owed by the business. I know this with certainty. I lost over 200k with the same incorrect information you have received. Also, did you know that family law "trumps" corporate law if you are in partnership with your ex? I didn't know this.... many things I didn't know.

                    Get paid through FRO. Trust me. You will be sorry if you don't.

                    Matrimonial home needs a judge's order to sell. Don't ever forget that.

                    MAKE SURE YOUR LAWYER HAS BUSINESS EXPERIENCE OR YOU WILL PAY $$$ Preferably a business degree as well as a law degree
                    Wives of lawyers aren't in business with them, the LSUC prohibits anyone other than a licenced member of the LSUC to own/be on paper. At the moment, lawyers aren't allowed to have family members as non-voting shareholders of their PC's. [interesting off comment - doctors, chiro's, optometrists, etc. are permitted have family members as non-voting shareholders]

                    .. In any event, writing a monthly cheque from the practice to the wife "employee" is another form of income splitting. And registering the matrimonial home in the name of the wife [non-business partner] is a form of excluding personal assets from professional assets for liability purposes. We all do it.
                    Start a discussion, not a fire. Post with kindness.

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                    • #25
                      nope - if you want to write off your wife in a family medical practice you had better be sure she is a licensed RN or be able to prove she works in some capacity for you. They (CRA) have cracked down on this in a big way. All it takes is an audit or a 3rd party to report this (disgruntled ex wife's bf).

                      If one wants to "income split" then they had better do it the legal way. My boss learned his lesson. Wife is an RN b.t.w. but no longer works for him..... One takes their chances with these old loop-holes. Always good to check with a CA, particularly when acrimonious divorce/separation is going on. What you do when you are a married couple is one thing but these people are separated.

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                      • #26
                        I believe Karma106's ex is a lawyer, not a medical practitioner - correct me if I am wrong.

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                        • #27
                          Originally posted by arabian View Post
                          nope - if you want to write off your wife in a family medical practice you had better be sure she is a licensed RN or be able to prove she works in some capacity for you. They (CRA) have cracked down on this in a big way. All it takes is an audit or a 3rd party to report this (disgruntled ex wife's bf).

                          If one wants to "income split" then they had better do it the legal way. My boss learned his lesson. Wife is an RN b.t.w. but no longer works for him..... One takes their chances with these old loop-holes. Always good to check with a CA, particularly when acrimonious divorce/separation is going on. What you do when you are a married couple is one thing but these people are separated.
                          what? lol -- this is what I do for a living. And have for the last 30 years. But always open to some new thoughts, if provided concurrently with relative citations from OBCA or CRA supporting sections/bulletins.
                          Start a discussion, not a fire. Post with kindness.

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                          • #28
                            Originally posted by arabian View Post
                            I believe Karma106's ex is a lawyer, not a medical practitioner - correct me if I am wrong.


                            My Wasband is a lawyer. Has been practicing 30 years. We have been income splitting for several years (on paper).

                            And no, you do not need a judge's order to sell the matrimonial home; just the consent of both spouses.


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                            • #29
                              Originally posted by mcdreamy View Post
                              what? lol -- this is what I do for a living. And have for the last 30 years. But always open to some new thoughts, if provided concurrently with relative citations from OBCA or CRA supporting sections/bulletins.

                              Yep - boss (medical specialist) can no longer "income split" in the old way. While she is a registered RN, she doesn't not practice her 'RN' skills actively (she was doing office work). She was unable to get approval through the provincial legislation to be able to look up online medical records. The only thing he could "write off" would be a commensurate income to office receptionist. So it wasn't worth it.

                              I should add: In Alberta pharmacists can write prescriptions so it isn't any surprise that there is different provincial legislation. In my boss's situation, in order to be a legit RN (not an RNA) you have a licensing body. In order to be acknowledged by the provincial licensing body you have go go through the hoops (if you are merely a wife at home trying to "income split") to prove that you physically are active in your husband's practice. You have to satisfy the nursing body who then gives the OK and you can then have your "wages" (LOL) deemed legitimate. I don't know the particulars of this as I am not a CA nor am I a RN.

                              This actually makes sense to me.


                              Times they are a changing... your clients may have gotten away with it but I know for a fact that my boss couldn't do this anymore...

                              no I don't have anything to cited from, sorry. Just boss who was advised by his CA to make changes, which he did.
                              Last edited by arabian; 09-08-2017, 09:43 PM.

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