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Other Party Requesting Personal Documents - Do We Oblige?

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  • #16
    Originally posted by #1StepMom View Post
    So, would you think it alright to simply provide a sworn affidavit of 2009 employment history with exhibits of relevant documents that we do have... and simply ignore her demands for all other documentation?
    That's not what I said. Re-read my post. I said that you should provide materials that will satisfy her and enhance your argument. I sense that you are (maybe rightfully so) annoyed because she is asking you to provide frivolous and/or private information. She probably wants you to be annoyed and for you to dig in your heels, then tell the court you refuse to co-operate.

    I also don't agree that you should withhold information but to bring to court and only provide it if ordered. That makes you look resistant to settlement.

    If you can provide materials that will further your argument and satisfy her requests for more information it's a win win for you.

    Resisting the provision of information simply because you think she's fishing or invading your privacy, especially when the provision of that information would enhance your case, is foolish and will only prolong the litigation.

    When we were in court, I was asked to provide information about why I drained my RRSP's. The other side was fishing around a reckless depletion of assets argument. My lawyer didn't agree that I should provide the information, but that would have only dragged the matter out while we argued about in conference after conference.

    It happened that I did that to pay down some debts and put myself in position to purchase a commercial property to run my business. I provided the paper trail that demonstrated exactly that. It shut them up, the issue went away, it furthered my argument and enhanced my credibilty. Yes it was a hassle pulling the trail together, yes the other side was being invasive, but it was worth it.

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    • #17
      Representing, I fully understand what you are saying.

      Basically, what we want is for calculations to be made using the ACTUAL income earned. If in 2009, my husband's income was $25,000, then his 2010 payments should be based on that, even though he has started a new position which pays a higher salary. The total income he earns in 2010 thanks to that position will determine the CS amount for 2011. Correct?

      That is all we are asking for. It really don't seem fair for child support to increase because my husband's current annual salary is more than what he made in the previous calendar year... and then use that same salary for the following year's child support. Does that make sense?

      Dad to the end, we plan on providing an affidavit with whatever information we do have and can reasonably put together. We aren't trying to hide anything, but we also don't want her to use any truthful information against us.

      I think what makes knowing which route to take most difficult is that the lawyers we have spoken to agree that we shouldn't provide her with private documents without a court order, and that we should ask for child support to be calculated as per the guidelines - using the previous year's total income to calculate and adjust once per year.

      It never occured to us that such a request would be "unreasonable" in the eyes of the court.

      My husband has no problem paying the table amount. However, he wants it based on the money he actually earns, and not whichever income calculation can yield the highest amount of support at any given time.

      That's all. Plain and simple. Or so we thought.

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      • #18
        Well, we sent the other party an email saying that we will gladly provide the documents we do have, and feel are relevent, along with a sworn affidavit. My husband made it clear that he does not have time to spent countless hours seeking out her requested documentation or formulating spreadsheets of every job he has applied for over the past 15 months. Hopefully this will be sufficient to appease her. *Fingers Crossed*

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        • #19
          DId he email any resumes? You should be able to quickly go through his sent box and pull out the names of the companies and the dates he applied.

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          • #20
            Originally posted by billiechic View Post
            DId he email any resumes? You should be able to quickly go through his sent box and pull out the names of the companies and the dates he applied.
            He's putting that together. That's not a problem. He already has a list of about 200 companies-positions-locations applied to.

            The problem is the medical documentation of his back injury and the medical documentation of the treatment. We already requested that from our family doctor, but she told us she is legally unable to provide such a doctor's note unless he is filing for disability insurance. Supposedly there's a lot of fraud with doctor's notes saying employees were injured and unable to work. So she would only provide such a note if it were for a disability claim.

            The other problem is obtaining statements of employment of all positions held since Oct 2008. For some of those positions, believe it or not, we don't have a single piece of documentation. My husband never received it, or wasn't there long enough to receive it.

            Another issue is the ROE's. Out of the 4 positions held, he only has 2 ROE's. The others were just never sent to him.

            I know this could - and should - be rectified with a few phone calls... but what if it cannot?

            And how do you provide documentation that a commissions-only job in Barrie was costing more in expenses than what was being made in income?

            She says she will accept the affidavit, but that she will still request the court to order full disclosure of all other documents. What if we cannot obtain some of those documents?

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            • #21
              I think you can request copies of your ROEs again. Has he contacted the companies? If not, EI was happy with what they recieved and if the government was fine with it then she should be too. You could always show her the T4s...

              Write down your expenses, send copies of his paystubs. The costs being more than the pay should be obvious.

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              • #22
                stay out of your husband/wife's fight with their ex

                I don't know why the "new" person can't stay out of everything. Your presence and involvement just fuels the animosity. You can be supportive of your loved one but you don't have to stick your nose into everything. Get a hobby. I have had to put up with this sort of stuff since the start of our divorce. All the "other" person did was make things worse and alienate our son. Get a life.

                Comment

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