Not disclosing

Status
Not open for further replies.
A

atlanticcanadian

New member
I would like some advice here. I got a new lawyer because frankly I don't have the time to research the law and how it applies.

I am signing the paperwork to take my former spouse back into Court for a variation on spousal support on Tuesday. I am asking for a lower amount as I have returned to work although I am not completely self-supporting and never will be because of a medical issue. I will continue to have to take time off for medical reasons.

My ex had applied for variation but it didn't go any where because he didn't disclose. In so many words, he actually told them he wasn't going to disclose. In fact, other than a very emotional affidavit and lying on his Income Tax Return (and yes, I can prove the lie), there is nothing there.

Where I am applying, can the Courts do anything to make him disclose. I have disclosed everything - pay stubs, ei record from illness leave, three years of income tax returns, three years of income tax assessment and one reassessment.

I know who his employer is and I know where he is working so should I give that to the Courts.

Any non insulting advice would be appreciated.
 
atlanticcanadian said:
I would like some advice here. I got a new lawyer because frankly I don't have the time to research the law and how it applies.

I am signing the paperwork to take my former spouse back into Court for a variation on spousal support on Tuesday. I am asking for a lower amount as I have returned to work although I am not completely self-supporting and never will be because of a medical issue. I will continue to have to take time off for medical reasons.

My ex had applied for variation but it didn't go any where because he didn't disclose. In so many words, he actually told them he wasn't going to disclose. In fact, other than a very emotional affidavit and lying on his Income Tax Return (and yes, I can prove the lie), there is nothing there.

Where I am applying, can the Courts do anything to make him disclose. I have disclosed everything - pay stubs, ei record from illness leave, three years of income tax returns, three years of income tax assessment and one reassessment.

I know who his employer is and I know where he is working so should I give that to the Courts.

Any non insulting advice would be appreciated.
Click to expand...
so your ex is paying you SS and you are requesting a new lower amount?? Little confused here.
 
standing on the sidelines said:
so your ex is paying you SS and you are requesting a new lower amount?? Little confused here.
Click to expand...

He is paying, just not the Court Order which is really high. Former lawyer just wanted to punish him for being abusive when I just wanted out with what was fair.

I want a new Order (MEPS also wants a new Order) in a higher amount that what he is paying but lower than what the Court Order says. Trust me I know this is convoluted as hell.

Basically he has set the amount and told the Court and MEPS what he is paying - take it or leave it. The Courts won't put his Motion down to go in front of a Judge because he hasn't disclosed. My former spouse is like that. Procrastinates until he hits the fan and then gets nasty with me or anyone that is around him.

What can be done if he keeps refusing to disclose.
 
atlanticcanadian said:
He is paying, just not the Court Order which is really high. Former lawyer just wanted to punish him for being abusive when I just wanted out with what was fair.

I want a new Order (MEPS also wants a new Order) in a higher amount that what he is paying but lower than what the Court Order says. Trust me I know this is convoluted as hell.

Basically he has set the amount and told the Court and MEPS what he is paying - take it or leave it. The Courts won't put his Motion down to go in front of a Judge because he hasn't disclosed. My former spouse is like that. Procrastinates until he hits the fan and then gets nasty with me or anyone that is around him.

What can be done if he keeps refusing to disclose.
Click to expand...

Not sure how it goes in your province but, financial disclosure in Ontario is required under Rule 13 of the Family Law Rules to be "full and frank". You can't refuse financial disclosure and at a Conference (case, trial, settlement) a technical order directing full and frank financial disclosure on the party can and will be made. I don't imagine it is that much different than where you are.

Nova Scotia states:

Maintenance and Custody Act

Spousal maintenance
23.03 (1) In the case of an application for spousal maintenance, the statements of income and expenses required by clause 29(1)(a) of the Maintenance and Custody Act shall include the following financial information from both the applicant and the respondent, unless otherwise directed by the court:

(a) a copy of every personal income tax return filed by the spouse for each of the three most recent taxation years;

(b) a copy of every notice of assessment or re-assessment issued to the spouse for each of the three most recent taxation years;

(c) where the spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the spouse’s employer setting out that information including the spouse’s rate of annual salary or remuneration;

(d) where the spouse is self-employed, a partner in a partnership, in control of a corporation, or a beneficiary under a trust, such financial and income information as directed by the court;

(e) where the spouse receives income from a source other than (c) or (d), the most recent statement of income indicating the total amount paid in the year to date, including the amount of the spouse’s employment insurance, social assistance, pension, workers’ compensation, disability benefits, or such other benefits or income as may apply, or where such a statement is not provided, a letter from the applicable source of income stating the required information; and

(f) such other documents or information required by the court.

(2) The applicant shall file with the court and serve upon the respondent, the statement of income and expenses and the financial information required under subrule (1) within 20 days of commencement of the application, or such other time limit as the court specifies.

(3) The respondent shall file with the court and serve upon the applicant, the statement of income and expenses and the financial information required under subrule (1) within 20 days if the respondent was served in Nova Scotia, 40 days if served elsewhere in Canada or the United States, or within 60 days if served in any other place, or such other time limit as the court specifies.

(4) The statement of income and expenses required under subrule (1) shall be in such form as directed by the court or practice memorandum.
Rule 23 added: O.I.C. 1998-577, N.S. Reg. 87/98.
Click to expand...

The rules in Nova Scotia is quite clear... Full and frank financial disclosure... The lawyer should be imposing the rules at any appearance and asking the court to do so in accordance with the proper Rules.

What can be done? Application to court, proceed to whatever pre-trial conference they require in your province, request technical order for financial disclosure to be made. Or alternatively a motion before the court requesting disclosure in accordance with the above stated Rules.

Good Luck!
Tayken
 
My situation might have some similarities. My ex has refused to disclose. Next step is to get judge to impute income. My lawyer want's to revisit contempt of court. All comes down to the judge . Some just scold them and others penalize by way of fines.
 
What if I can prove he is lying on his Income Tax Returns and committing Income Tax Evasion and Fraud. I don't want to report him to Revenue Canada but the billings and what he reported as income isn't even close as he placed his income at half of what it actually is. He also lied about his marital status which affects credits, etc. He remarried before our divorce was final - it's not legal but where his new partner is saying commitment ceremony, I would think it would be considered common law. He does say married on court papers but divorced on his income tax return.
 
arabian said:
My situation might have some similarities. My ex has refused to disclose. Next step is to get judge to impute income. My lawyer want's to revisit contempt of court. All comes down to the judge . Some just scold them and others penalize by way of fines.
Click to expand...

We can't do contempt of court in Nova Scotia. Only MEPS can and even though once enforcement takes place they are good, it does take a while for it to take place.

I got a question for them on that one though because if someone had no money, they would be in a shelter and there would no way for MEPS to get a hold of them and then MEPS would drop the case.
 
FYI - CRA does not investigate allegations of fraud when the person reporting it is an ex wife.

I believe anyone who doesn't obey court orders is in contempt of court no matter where you live.
 
Revenue Canada

Revenue Canada

I would not report to Revenue Canada. I am wondering if the Courts would given such a blatant lie and downgrading his income to avoid taxes?

The Courts were not impressed with his lies the last time. Judge even questioned him about.
 
Well instead of court, I put through an Offer to Settle. I made it totally reasonable and below the Guidelines and since we never did equalization (he took everything out), I made those payments very reasonable too. Hopefully he will accept. I also kept my Maintenance Enforcement worker up to date; but, she is anxious to get another Order.
 
Status
Not open for further replies.
Back
Top