How They Stash The Cash! Part Three

How They Stash The Cash! Part Three

Do you want to know whether your former spouse is hiding money, investments and assets in your separation or divorce?

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

Let’s see how Steve tried to fool his wife!  Steve and his wife lived in a very expensive home in the GTA.  After they separated, Steve moved out, leaving his wife and children to live in the home.

Steve claimed his income was low, but Ontario family court ruled that for temporary support, his income was high.  The case went quiet with both sides preparing for the property division and the final determination of how much support Steve should pay.  The case moved along slowly.

About a year later, Steve filed some court paperwork in which he asked that their expensive home be sold on the grounds that his income had decreased and he could no longer afford the home. 

This was a strategic move on Steve’s part.  If his wife and children were forced out of the home, then the case would be settled more quickly. 

His wife would need to find a permanent place to live and would therefore be motivated to settle in order to get share of the property to buy a new house.

It was important to the wife’s strategy to convince the court that there was no reason for her to move out of the house. 

The wife challenged Steve’s argument because a simple investigation that arose from using a real estate professional who had access to large databases. 

This professional discovered that shortly before Steve filed his motion asking the court to evict his wife and kids from their expensive home, Steve had bought another expensive home in the GTA.  

The wife argued that Steve was somehow able to afford to buy an expensive home for himself while he claimed that could not afford to continue to pay for the house in which his wife and children lived.

The court threw out Steve’s motion. 

Here’s the lesson from this case:  When a spouse’s claims of decreasing in come do not match up with their lifestyle, consider getting evidence of the spouse’s lifestyle.  If there is a sudden downturn in lifestyle, then expenditures such as dining out, travel and entertainment will decrease.  

Of course, some people may have large cash reserves to maintain an affluent lifestyle during an economic downturn.  However, typically, even people with cash reserves are more cautious in their spending when the economy is bad. 

In some cases, such as Steve’s situation, you might be able to get evidence that, despite allegation of a major income downtrend, your spouse’s lifestyle has not changed or has become more extravagant. 

This is very powerful evidence as actions usually speak louder than words.

Obviously, the property and support issues can get complicated quite quickly in a separation or divorce.  Make sure you work with an experienced family lawyer to solve these issues in your family law case.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. 

You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group? 

Click here to find out more: Durham Region Separation and Divorce Legal Support Group  

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