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  • #76
    My ex husband is trying to use the defence of laches to avoid spousal support, has anyone heard of this kind of defence in family law, we were married 10 years, separated in 2012, divorced in 2014, no spousal support paid since date of separation,

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    • #77
      Update: my ex is having his income evaluated for the past 10 years, took 4 months for him to sign consent and pay initial retainer, he earns over $200k per year from the limited disclosure he's provided. Does the income evaluator take into consideration his expenses as he expenses everything, his taxes don't match income in his accounts, I started these proceedings in early 2018, since reviewing his disclosure I noticed over 400k transferred out of all his bank accounts through drafts and have no idea where the $$ went, now his lawyer is claiming financial stresses, what's the best way to collect the $$$ he owes for CS and SS without going through fro, I know he hid the funds and don't want to fight another 5 years to collect when this is settled. Any advice on orders to ask for to find the hidden funds?

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      • #78
        first against the husband's lawyer, then against your own lawyer. hmmm

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        • #79
          Originally posted by Victorviola View Post
          Update: my ex is having his income evaluated for the past 10 years, took 4 months for him to sign consent and pay initial retainer, he earns over $200k per year from the limited disclosure he's provided. Does the income evaluator take into consideration his expenses as he expenses everything, his taxes don't match income in his accounts, I started these proceedings in early 2018, since reviewing his disclosure I noticed over 400k transferred out of all his bank accounts through drafts and have no idea where the $$ went, now his lawyer is claiming financial stresses, what's the best way to collect the $$$ he owes for CS and SS without going through fro, I know he hid the funds and don't want to fight another 5 years to collect when this is settled. Any advice on orders to ask for to find the hidden funds?
          Your ex sponsored you to Canada and this is how you repay him to seize half of his assets ,without contributing one bit to his success . Entitlement ,ehh .
          You can file a Mareva injunction to freeze his assets . If he is an IT individual ,he mus have an offshore company in Caymans,Bahamas , BVI or Bermudas. You can hire a private investigator for this and would cost about a 500k-1million . You will likely spend more than what you will get out of him .If I was in your exs shoes ,I would just transfer all the assets to Dubai ,where entitled ex wives get 0% of marital property and only support .

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          • #80
            Update: After 16 months of waiting I finally received a draft income evaluation report for CS purposes, I mentioned major discrepancies with the draft report to the evaluator which they agreed with along with my lawyer, respondent immediately stated he is not paying or cooperating anymore with the evaluator even though it was ordered by the judge in late 2020. Respondent threatened my lawyer, evaluaotor and his ex counsel via email. No child support for the last 6 months, respondent fired his counsel also. Now respondent is self representing and threatening to bring motions which have no merit just to delay. Settlement conference schedule for end of march. So no final report after almost 2 years. And the circus continues.

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            • #81
              Originally posted by AlexLitty View Post
              Your ex sponsored you to Canada and this is how you repay him to seize half of his assets ,without contributing one bit to his success . Entitlement ,ehh .
              You can file a Mareva injunction to freeze his assets . If he is an IT individual ,he mus have an offshore company in Caymans,Bahamas , BVI or Bermudas. You can hire a private investigator for this and would cost about a 500k-1million . You will likely spend more than what you will get out of him .If I was in your exs shoes ,I would just transfer all the assets to Dubai ,where entitled ex wives get 0% of marital property and only support .

              This kind of thing is why there are laws and guidelines around divorce in Canada.

              People exercising their legal rights to property and asset division, whether you agree with it or not, are doing absolutely nothing wrong.

              This kind of garbage isn't going to be tolerated here. Consider yourself warned.

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              • #82
                Update: ex was found in bad faith regarding motion , 26k awarded in costs against him, there is justice, it's sad its so hard to fight for it and attain it, a light at the end of the tunnel after 5 years in litigation, ex is not a happy camper right now,

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                • #83
                  Did you get an enforcement option in the order? The ability to file it with an enforcement agency to garnish his wages?

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                  • #84
                    No I didn't get an enforcement option, he has 30 days to pay.... I was more happy that the judge stated he was acting in bad faith for the past 2 years, my ex has some tough choices to make now, motion was relating to an evaluator report which as of now is still on hold, he is required to pay for the evaluation report, he threatened the evaluator so interesting times...

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