My first case dealing with a fraudulent conveyance came mid-way in my career. It became apparent that the payor spouse was resisting paying the full amount (s) owed to the recipient spouse set out in Court Orders, and delaying Court procedures that would enable the finalization of the litigation. Enforcement steps became necessary but first trying to find where the payor’s money was held and where assets were was challenging. Eventually a motion was brought to join the payor’s adult children, from a prior marriage, to the action, which the Court allowed. As a result of having third parties joined in the action, it was easier to trace the transfer of monies from the payor to his children, and the timing of which, showing the attempts to avoid payment to the recipient spouse. Here, I share some proven strategies for detecting and establishing fraudulent conveyances in the family law context, while setting out how the Appellate Court has defined “creditor” under the Fraudulent Conveyances Act, R.S.O. 1990, c .F. 29 (FCA) both in family law and the civil context.
