I know you don't have to account for how child support is spent (I Googled). But what about spousal support? Do you have to show "how" you are using it? (I.e., bank statements, etc. .... and is it OK to use it for vacations, for example?)
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Do you have to account for how you spend spousal support?
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Originally posted by HammerDad View PostSimple answer, no you don't have to account for it in any way what-so-ever.
If matters are brought back on a change in circumstance you will have to fill out and swear an affidavit (Form 13) for financials. As part of the disclosure "full and frank" financial disclosure is required.
A lot of people tend to think they have "privacy" before the court. It is a public system and the Rules have a lot of detailed requirements for financial disclosure. It is always the best thing to not do stupid things with the money.
For example:
When living separate and apart but are still legally "married" don't sign up to eHarmony. Why? Well, they require by policy that you have to provide a divorce order or certificate to become a member! So, if you have to disclose your financial records and you don't have a divorce in hand and there are charges to eHarmony it is easy to demonstrate how you are lying to a third party.
To get an eHarmony account while still legally married (even though living "separate and apart") you would have to flat out lie and say you are single and have no kids basically. Evidence of your willingness to lie to get what you want is clearly outlined in your financial records.
Credibility is a key element to any argument presented before the court.
Good Luck!
TaykenLast edited by Tayken; 06-14-2012, 08:04 AM.
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My ex never provided full and frank disclosure right up to and throughout 2.5 days of trial. He has not paid the "costs" order that he was given 6 months to pay, and short pays CS and hasn't paid one penny of the SS. 5k in "new arrears" so far and FRO (recently on board) says "well we have to give him the benefit of the doubt." As for ALL his lies? For that: he was said to be "vague and inconsistent" "not very credible" - he should have flat out been called a liar. I'm almost considering bankruptcy thanks to his bs and full and frank disclosure. Wonder if that will be a material enough change of circumstance for me when I go back to Court, as I'm sure I'll have to. His unpaid costs order, for starters: I'll be dealing with that next week. Today, the fun of the day is going to see a lawyer re: my few options - one of which is filing for bankruptcy. As was in another post: the Family Courts do little/nothing re: lies and they certainly don't insist on full and frank disclosure.
Edit: best to use cash (for certain things) if you don't want a detailed itemization of what you did on a bank statement.Last edited by hadenough; 06-14-2012, 08:49 AM.
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Originally posted by Tayken View PostCareful.
If matters are brought back on a change in circumstance you will have to fill out and swear an affidavit (Form 13) for financials. As part of the disclosure "full and frank" financial disclosure is required.
Should she end up back in court and financial disclosure is required, she would have to outline her expenses, but that is an all encompassing amount, meaning income plus spousal support. It isn't just how she spends the support, it is what she does with her income (which would be defined as including spousal support).
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Originally posted by Gary M View PostIs it just me, or is it obscene that someone who "needs" SS can afford to take vacations?
Probably just me, but had to ask...
Cheers!
Gary
Maybe her SS is not needs based but entitlement based on compensation for example.
Perhaps well off former spouse thanks in part to her career sacrifice being a stay at home mom etc.
There are lots are situations where SS and vacations are both reasonable.
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vacation? what's a vacation? To me a vacation is enjoying a glass of wine on my balcony overlooking traffic from a nearby freeway!
If someone decides to rent a shit hole instead of a decent place and wants to squirrel their money for a little holiday (in lieu of living in a better place) then good on them.
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Originally posted by arabian View Postvacation? what's a vacation? To me a vacation is enjoying a glass of wine on my balcony overlooking traffic from a nearby freeway!
If someone decides to rent a shit hole instead of a decent place and wants to squirrel their money for a little holiday (in lieu of living in a better place) then good on them.
Cheers!
Gary
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Gary the OP was asking about SS and if she has to account for where the money went.
I believe that CS should be accounted for as children are a product of two people = mathematics.
My response was made based on the assumption that the OP was only receiving SS.
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I guess a person would need to define "vacation." I recall that taking our son with us for a weekend to Banff or Jasper was very stressful and would consider that a "family outing" rather than a "vacation." Some parents would consider an overnight trip with the school band a vacation. A weekend getaway at a guys fishing hole or a girls weekend at a spa location is a vacation for others.
I think we're all "entitled" to some fun in our lives as long as we can afford it and it's not taking food out of the children's mouths so to speak.
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