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Bank Statements for salaried employee

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  • Bank Statements for salaried employee

    Hi all,

    If someone is a regular employee earning salary income only, is it reasonable or the court will order to dsiclose bank statements addition to tax returns, pay stubs? This is a divorce case that was done with a seperation agreement over 10 years ago, now one party is bringing up the case again requesting sposual support, equaliztion and child support, thanks.

  • #2
    Usually there is a time limit on an equalization claim
    10 years??

    Bank records are usually the case for a support recipient to produce

    I was just in court for this and am waiting on endorsement

    It’s one of those things of..what r u trying to hidd

    Comment


    • #3
      Originally posted by Croa View Post
      Hi all,

      If someone is a regular employee earning salary income only, is it reasonable or the court will order to dsiclose bank statements addition to tax returns, pay stubs? This is a divorce case that was done with a seperation agreement over 10 years ago, now one party is bringing up the case again requesting sposual support, equaliztion and child support, thanks.

      Unless there is a question about undeclared income then it can be requested. The onus is on the person claiming the income is undeclared to prove the statements are required. More often credit applications are requested to prove lying about income.

      Comment


      • #4
        what rockscan said and if it is a support recipient, support is based on means, needs and circumstances

        so if the recipient is able to use support and make investments with a return or is getting additional consistent money from a third party, the only way to know is by bank records

        if the recipient has a sugar daddy and you do not see any grocery bills, or mortgage, rent, etc... she is getting additional support

        there is one case from ONCA 2005 and 2006, i do not recall the name but in our motion my lawyer specifically cited this one, it's like becklett and bell? something like that

        In our case, the ex owes me A LOT and does not have the assets. She has had 500k go through her hands in the last 4 years, I need all her bank records to forensically determine where all that money is. I have a family member with a black belt in accounting so it will be free for me, but expensive if you don't know how to use excel

        good luck

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        • #5
          Thanks, it is the case that receipinet requesting bank recrods from payor who is a regular employee. the receipient(self employee) is claming the payor is underemployment intentionally, actually the payor has been on disablility while back.

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          • #6
            the self-employed has to be even more transparent with their income because they can hide it easier

            the disability needs strong medical evidence

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            • #7
              Originally posted by Kkc View Post
              the self-employed has to be even more transparent with their income because they can hide it easier

              the disability needs strong medical evidence
              yes the medical records are real and strong with histories, the payor lives on disability benefit.

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              • #8
                The onus is on the person making the claim that the payor is purposely underemployed. If it is a medical injury and there is proof, a judge will be hesitant to believe it is intentional.

                They can ask for them but unless they are required and the asker has good proof to show the payor is lying, they won’t be ordered.

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                • #9
                  Unfortunately the dark side don’t have to justify why they are requesting bank statements, they can simply request them and a judge or arbitrator will order disclosure. In my case we litigated for more than 10 years and because my ex kept switching lawyers and kept losing parts of his file, I kept having to produce the same disclosure over and over. His last lawyer even requested disclosure of my bank statements during the last 5 years of our marriage when we were living together, never mind the 10 plus years we’ve been separated. They did not get an order for my financials while still married and living together. The last lawyer was a real peace of work and actually requested disclosure of financial statements of a non existent pension. My ex knew very well I had never worked full time during the marriage and therefor never contributed to a pension. None of his other multitude of lawyers ever requested this, but two months before arbitration, his new lawyer suddenly requested my disclosures of this non existent asset. The arbitrator ordered the disclosure. The pension people were very confused but did graciously provide a letter that this asset did not exist. We are requesting costs for this wild goose chase when the arbitration results are issued. Moral of the story, they can ask you to disclose anything, including financial statements for non existent assets!
                  Last edited by Stillbreathing; 08-16-2022, 10:02 AM.

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                  • #10
                    my ex lawyer was refusing to provide the disclosure

                    I even found hidden bank accounts, in oral arguments, hers did a pretend they are not real no one will notice

                    he could have said account ex is her account that she uses every day it opened after separation, her mistake for not including it..here is proof of when it became active
                    the other account was a result of this...

                    he did not even try to defend it...so it will get ordered
                    can't wait to see what is hiding

                    I am thinking if we find she has been receiving income over last few years we do a motion to set aside and go retro based on her lying

                    Comment

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