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  • Motion for Financial Disclosure

    So my lawyer has asked me to provide them with a "wish list" and they will be serving the other lawyer and putting the motion in for financial disclsoure.

    What should I have listed on my wish list?

    My ex is a real top executive and quite the businessman/shyster and makes 202,000 per yr. That's what I know of and he isn't forth coming with any financials, or child support.

    He has travel to visit his son taken off child support.
    based on approx. $7500 per yr.
    He has auto expenses taken off child support and its about $14,000/ yr through his employer.
    His employer covers his travel and auto, plus provides a nice bonus, and benefits which also include employee dollars for extra things to make investments, mutual funds or health spending account etc.
    The employer has covered his moving costs, he has claimed it off CRA and child support.
    His wife has started a home business and is a stay home parent I suspect he is hiding some money in this side business).
    He also has frequent travel and points he uses, and its not to visit his son.

    Any suggestions for me?

  • #2
    point out his living/household expenses are next to nothing as opposed to your standard of living......��

    Comment


    • #3
      That's for sure!
      I have been working 2 jobs, live on my own w my son and have my bills paid. So far have been supporting my household plus activities and all child expenses.
      I need court to actually look at this and help me out.
      It's just the financial details like pay stubs, T4, CRA assessments, bank statements, stocks, investments, RRSP/mutual funds
      Debts and assets, etc
      Im not sure what to ask for. I need to be smart about it.

      Comment


      • #4
        Just be sure you are showing that you are in the red all the time.
        I'm not sure why your lawyer is asking you for a wish list?

        Regardless be truthful about your expenses and how you are providing for son and you, the rest is on him.

        Just always be honest and don't worry about what the other side does you have seperated your life from that now! Enjoy being the honest hardworking person you are! And be excited about how much better you will become!!

        Comment


        • #5
          I'm confused too... your lawyer should know what to ask for I would think... unless they are new?

          You've got a good working list. You also need full details on the claimed expenses. If he owns a small business you need to income and balance sheets and expenses there as well.

          Car mileage may be something you want... it depends if he's writing that off anything. He is writing off he has to justify... not to the CRA.... just for determinig income purposes.

          Not sure what you mean about these expenses being taken off child support. That's a no-no unless you mean he is justifying a lower income based on his expenses.. in which case this may actually have some validity.

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          • #6
            Ask for pension details as well.

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            • #7
              Ask for a copy of the tax forms that are submitted to cra, not just the t4. (T4 shows you what his employer is paying but the tax paperwork will show you just what deductions are being claimed).

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              • #8
                I'm thinking that his lawyer has asked your lawyer to ask you for a wish list, to see where you are in negotiations perhaps? It sounds more like a fishing expedition but I don't know, when some other posters have a minute they will share expertise/thoughts!

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                • #9
                  My ex states he is going to claim "Undue Hardship". (he makes 202, stay home wife and pleasure travels, 3 cars, expensive house) etc etc.

                  From what I gather, we are doing the motion but the lawyer also wanted me to ask for the things I thought would help me....and he will be asking court for the info/details to be submitted to me. My ex isn't at all forth coming with anything and has tried to keep cutting child support.
                  Im on my own and support my son. he loves his dad and they have a nice time when does get a visit. And I have agreed to lower child support for travel and moving costs and auto. But he hasn't kept up with his part and hasn't paid. In fact he even cut down the visits once I agreed to the "discount" !

                  I have all the basics down from submitted income tax forms (thank you!), CRA tax and assessments, pension, rrsp, mutual funds etc.
                  BUT also asking for his wife's home business income statements and HER cra stuff. she is a stay home parent, no education and no income.

                  I am asking for valuation of property, assets and liabilities, monthly expenses such as child care (for his new daughter), house cleaning etc.
                  credit card statements, bank statements etc

                  I am also going to ask for his EMPLOYER details on deduction for his bonus, benefits and "health dollars" statements.
                  My ex has made "business trips on company travel (with their knowledge), the company paid for moving (he pocketed some of the cash paid) and has auto reimbursement/bonus. He gets 14000 for auto. thus why he gets discounted. and gets 7500 off for travel to visit his son. I need details on this and I know he is lying and double dipping to get extra income off these. Never mind the frequent flier points and his personal trips that he doesn't utilize to visit his son, nor does his son get invited on.

                  Its a gong show.
                  BUT I need the child support and its not fair to my son. Its just wasting money on lawyers when he could be supportive.

                  Comment


                  • #10
                    Your lawyer should now this but here is the thread that covers everything about financial disclosure:

                    http://www.ottawadivorce.com/forum/f...nancial-17239/

                    Comment


                    • #11
                      Originally posted by roxyroller71 View Post
                      My ex states he is going to claim "Undue Hardship". (he makes 202, stay home wife and pleasure travels, 3 cars, expensive house) etc etc.
                      Ignore what the other party says and what they say they are going to do. Undue hardship claims are nearly impossible to make.

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                      • #12
                        Roxy in my experience i wouldnt worry about cs the judge will be sure your child gets fiancially taken care of! Spousal is the one (ex's) try n dodge and will be furious about paying.

                        In my exp,you and a judge can make all the requests for financials and tax info you want if the respondent doesn't comply you're s.o.l.

                        Your lawyer can send it to trial but they just adjourn and adjourn then they adjourn sine die.

                        Comment


                        • #13
                          Thanks everyone!
                          Thanks for the insights and advice and links. VERY helpful.

                          I have been at it going on 11 yrs. Its not spousal support or anything like that as I basically walked away and left it behind, and just wanted my son taken care of. But my ex started back tracking.
                          That was the understanding then. I have kept forgiving costs and expenses for years and bringing his outstanding to Zero. Over and over.

                          Its all child support and child related.
                          He is currently garnished from 10 yrs ago, enforcement cant update since he moved out of province, and it requires a court order to be updated.
                          We are expecting a case conference in the fall and serving the other lawyer a date, along with all of this. I expect the judge will send this to trial as he has warned us with a red face. the Judge almost had an apoplectic fit, in his words, when he saw the our file and paperwork again on his desk.

                          Its not just about money here, but everything else. Visits, communication, parenting etc. Its never ending.

                          Comment

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