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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am at present going through a financial hearing where

Resolved Question:

HI - I am at present going through a financial hearing where I have requested a variation of maintenance payments to my ex-wife. The order was made last year and since then I am quite confident that my ex-wife was lying about her finances then and still is.At the last hearing she did not provide any financial information, whether to me or the court, and claims that she does not have to? I have e-mailed the court to see what my options are, but the clerk's response was that "If there is failure to supply documents as stated in the order, she will be in breach and action may be taken by the judge" I then ask how to take contact with a judge and was then told "You can write us an email, and we will note it on our system and your file for the judge to see"I feel helpless as I know that my ex is lying and will play a game of cat and mouse to avoid disclosure, etc... My question is therefore, can a hearing actually proceed without being supplied with her financial disclosure? This hardly seems fair - or legal? Is there anything I can do to have her financial disclosure enforced?Thanks / JC
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. If she is refusing to disclose her financial position and documents, then the court will be unable to make a decision regarding the matter. Furthermore, if the court makes a direction that she does not comply with, then she will be in contempt of court. If she continues to not comply with court directions you can request for the court to attach a penal notice to the directions and if she does not comply with directions that have a penal notice attached you can apply for committal - basically a penal notice allows a judge to either fine her, send her to prison or seize her assets if she fails to comply. Furthermore, if her non-compliance leads to a delay in proceedings or a wasted hearing, then you can apply to court for a costs order - this is for her to pay the costs that have been wasted due to her non-compliance.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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