24 - Sunday, April 5, 1992 - North Shore News

Seek lawyer’s assistance

home, which I owned prior to our
marriage, and the furaishings,
cars and whatever bank accounts
we may use. but [ do net wisk her

I COULD no longer stand to live with my husband who is
a very tough businessman and therefore moved with our
teenage daughter from the home and am now living in an

apartment.

He voluntarily is paying me
$2,000 without any agreement or
court order and has been telling
me that he is going to have to cut
down on the maintenance that he
pays me, because he can no longer
afford to make the payments.

We lived in 2 lovely home
which I understood to be fully
paid for, and prior to our separa-
tion he always bragged at how
successful his business was. He
has shown me his recent financial
statements from the company that
he owns aad it appears that the
value of the company is less than
$100,000.

He has offered to buy me a
condominium worth $175,000 in
return for release of my interest in
all of his assets and for my re!eas-
ing him from any future
maintenance obligations. At pres-
ent, I am employed as a secretary
ia an insurance office, and I carn
$2,000 per month gross. He also
said that if I go to any lawyer that
he doesn’t like there will be a real
fight and I will get nothing. What
should I do?

It is obvious that you are not
able to bargain with your husband
on an equal footing. Rather than
attempting any negotiation
yourself you should immediately
seek the assistance of a lawyer
competent in family law and have
him or her demand all relevant fi-
nancial information from your
husband. This would include all
of his income tax returns for the
last three years and the financial
statements for his company for at
least the last three years. -

That material then should be
turned over to a qualified accoun-
tant who is trained to value

: businesses and a value should be
determined for your husand’s
shares in his company. A search
of title of your former matrimo-
nial home by your lawyer will
provide the information as to the
mortgages against the home, and
a real estate appraisal by one of
the reai estate appraisal firms in
your area will give you a reason-
able idea of the value of your
home.

In addition, your husband
should be made to provide a
sworn statement as to his assets
and liabilities which will assist
your lawyer in determining
whether all assets owned by your
husband have been disclosed.

As to his complaint that he does
not have any money left after
paying you $2,000 per menth, that
is a very simple matter for your
lawyer and his to resolve. While
all matters are being worked out
between you and your husband
you could enter into an interim
separation agreement dealing
specifically with maintenance,
which would make the
maintenance tax deductible to him
and taxable in your hands, which
should alleviate most of his prob-
lem. Good luck.

My wife and I were divorced six
years ago and we have a reason-
able relationship now. There is
one child of our marriage wire
unfortunately was born wit! 2
mild retardation which has limited
her scope in gaining an education
and, until recently, employment.

My daughter is 19 years of age,
which I understand to be the age
of majority in this province, and
yet my former wife wishes me to

Family
Affairs

HUGH
STARK

KIRSTIE
MACLISE

continue paying her maintenance
for my daughter as she says my
aughter’s recent employment. at
which she earns $1,000 per month
is not sufficient tu provide her
with a suitable standard of living.

I have always been involved in
my daughter's life even after the
separation, even though E did not
have custody of her. I do not wish
to descrt her or leave her stranded
in any way, but I also do not wish
to continue maintenance payments
to my former wife as my daughter
has reached the age of majority.
What are my duties under the
present law?

The Divorce Act states that
each parent is responsible for the
maintenance of each child of the
marriage. The child of the mar-
riage, however, relates to an off-
spring who is unable for whatever
legitimate reason to withdraw him
or herself from parental control
and dependency. The courts have
ignored the age of majority as a
cut-off point for maintenance of
a child.

The answer to your question
would be quite simple if your
daughter was unable to obtain
employment because of her
restriction. The fact, however,
that she is able to work and earn
an income at or above the mini-
mum wage would lead us to
believe the court would not award
maintenance. There has not been
a statement by the courts as yet
that a parent must maintain a
child over the age of majority if
the chiid cannot attain the same
or similar standard of living to
which the child enjoyed during his
or her minority.

fam a retired businessman and
married for the second time
recently after knowing my present
wife for approximately six
months. Recently Y¥ overheard
conversations between my wife
and one of her friends about the
manner in which my wife sought a
division of her former husband’s
assets and maintenance. This has
ane concerned.

At the time of our marriage she
stated that she would never claim
an interest in my company which
my two sons run because she
knew it was a business originated
and developed by my former
deceased wife and myself and lat-
erally by our two sons. Now I am
beginzing to worry about her in-
tentions.

She is 15 years younger than I
am and this is her third marriage.
Her iast marriage lasted five
years. I don’t mind sharing my

to have any interest in the com-
pany should a separation occur.
What should I do?

You should express your con-
cerns to her and try to get her to
agree to enter into a marriage
agreement in which she would
telease any interest in her shares
forever. You would have to make
full disclosure of all of your assets
and their values and she would
need to seek totally independent
legal advice if such an agreement

’ was to have validity later cn.

However, even if an agreement
is signed, our courts pursuant to
the Family Relations Act have the
discretion tc vary the agreements
and appear to do so quite readily.
Your alternative if she does not
wish to negotiate a marriage sct-
tlement is to limit the involvement
of that company in your lives.
You should not use your shares in
the corporation to borrow money
or to cause the company to supply
assets which would be ordinarily
used for a family purpose to you
and your wife.

if you have matrimonial prob-
lems you should seek legal advice
so that your advisor can assess
your particular circumstances and
give you the best advice.

Questions about family law and
estates can be directed to Stark &
MacLise c/o Family Affairs,
North Shore News, 1139 Lonsdale
Ave., North Vancouver V7M
2H4.

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