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  • Info From Ex’s Email

    Question for the more seasoned members:

    Applied for joint custody of my child with primary residence. This has been the status quo for multiple years, just looking to finalize it in an order. Also applying for child support, of which I have received nothing for almost 2 years. Settlement conference pending. Ex has used every delay tactic in the book to further prolong the inevitable support order. Will not provide proper financials and has been claiming to be unemployed since the court application

    The ex provided our child with a tablet some time ago to bring to my home. I Recently discovered that everything on it had been set up using ex’s email.... and with a simple click on the email app, their email is at a fingers touch, fully logged in and ready to go..... there is an absolute TREASURE TROVE of financial information in it including e-transfers from side cash jobs, employment contracts, a summary of a large settlement they recently received, payment info on things “unemployed people” shouldn’t be able to afford, and an email from a very disgruntled past employer who hired ex during a timeframe that they claimed they were unemployed for (contacted this employer and they are providing me with a sworn affidavit)

    My question is.... am I able to use this info in court? As in print this stuff directly off and use it?

  • #2
    Does he have a lawyer?

    Here's what I would do.

    Print it ALL out. Save it. Use it as the basis for a Request for Further information- Form 20

    http://ontariocourtforms.on.ca/en/fa...w-rules-forms/

    Make sure you use the account numbers specifically. The only drawback is he's going to know you somehow got this information- and change passwords on emails, etc.

    If he doesn't respond on time- file a motion to get the information. You can do all this on your own.


    I don't know I would enter the information in directly- I would think that it looks poor on you that you snooped in his email.

    Whereas the Request for Information- you can say some things came to your attention- because you were monitoring your sons email and you found information that led you believe you ex has more means than he claims. You are requesting the information to confirm or deny this.

    Comment


    • #3
      Thanks that’s a good idea! I’m not too worried if he goes ahead and changes the password now- I’ve got more than enough info needed, and I have no desire to continue seeing his emails.... although I guess it would be helpful in the future if he tries to pull this stunt again lol. Do you think it would be ok to file the settlement order he recently received (it is worth enough to support him financially for the better part of a year, even without working)? Even if I didn’t have access to his email, I could have acquired this order by request as there was no publication ban on it.

      He doesn’t have a lawyer. Although I wish he did. I think it would help my situation even more as they would probably talk some sense into him. The judge at our case conference was pretty good though and managed to push him to sign an interim order that put the past 3+ years of status quo on paper, plus agree to a very small amount of support (not even minimum wage guideline) until our settlement conference.

      Comment


      • #4
        Originally posted by iona6656 View Post
        Does he have a lawyer?

        Here's what I would do.

        Print it ALL out. Save it. Use it as the basis for a Request for Further information- Form 20

        http://ontariocourtforms.on.ca/en/fa...w-rules-forms/

        Make sure you use the account numbers specifically. The only drawback is he's going to know you somehow got this information- and change passwords on emails, etc.

        If he doesn't respond on time- file a motion to get the information. You can do all this on your own.


        I don't know I would enter the information in directly- I would think that it looks poor on you that you snooped in his email.

        Whereas the Request for Information- you can say some things came to your attention- because you were monitoring your sons email and you found information that led you believe you ex has more means than he claims. You are requesting the information to confirm or deny this.
        Bingo. This is what I would recommend you do. Under Rule 13 financial disclosure is required to be full and complete. Use the details you have to ask for the disclosures or hold them close to your chest and use them in discovery to demonstrate that the other party's sworn Form 13(.1) is incomplete.

        Form 20 is an excellent route.

        Comment


        • #5
          Thanks for the reply Tayken! Do you think I would still be safe to file the large settlement order that he recently received? (Basically proves that even if he was unemployed the last year, he still had generous means to live off of). Like I said, there is no publication ban on it, so I’m pretty sure I could have acquired it through other means than the email if I had wanted to?

          Comment


          • #6
            Originally posted by Selfrepmom View Post
            Thanks for the reply Tayken! Do you think I would still be safe to file the large settlement order that he recently received? (Basically proves that even if he was unemployed the last year, he still had generous means to live off of). Like I said, there is no publication ban on it, so I’m pretty sure I could have acquired it through other means than the email if I had wanted to?
            I would first make a Form 20 disclosure request for the specific document by name, when it was signed, by who, etc... Basically, be so detailed that a judge knows it exists and will order its disclosure.

            1. A copy of the blah blah blah document signed on day, month, year between you and The_Persons_Name outlining your settlement for the purposes of...

            BTW. Those confidentiality clauses are meaningless if there are children involved. The RIGHTS of the child trumps the rights of any other party to the matter. Rule 13 + Children and support overrule a lot of stuff...

            Comment

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