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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 03-06-2016, 07:41 PM
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Originally Posted by arabian View Post
Wonder if Mrs. X is aware that Mrs. Crosby is stalking her (knows what vehicle she drives, whether or not she occupies her house, etc.)? I see a future where Mrs. X obtains a restraining order against Mrs. Crosby. This should bring on OCL and possibly a CAS review which could result in a very long delay in having matters settled.
Lol. her kid
has supervised access with my spouse in her home. Of course he gets to see what she is driving. nice try though.

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Old 03-06-2016, 07:42 PM
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Wonder if Mrs. X is aware that Mrs. Crosby is stalking her (knows what vehicle she drives, whether or not she occupies her house, etc.)? I see a future where Mrs. X obtains a restraining order against Mrs. Crosby. This should bring on OCL and possibly a CAS review which could result in a very long delay in having matters settled.
The child tells my spouse where he is living during his supervised access.

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Old 03-06-2016, 07:48 PM
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Why are the visits supervised?
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Old 03-06-2016, 07:59 PM
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There are no hard and fast rules regarding length of spousal support. There are guidelines however it is ultimately the Judges discretion. When/how was the interim SS award made and what are the terms? Was the SS made on consent or did a judge order it? If someone didn't pay child support for a period of time and the mother had to rely on other people (relatives, friends) to support her and the child then that is taken into consideration. Paying a mortgage on a home which is jointly owned doesn't cut it. Bankruptcy does not excuse someone from paying support. If anything, bankruptcy frees the debtor from obligation so he/she is able to pay support.
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Old 03-06-2016, 08:05 PM
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During a court appearance in Nov 2013 and Jan 2014 the judge was good with him paying mortgage in lieu of support as he ceased to live there in July 2013. She was to sign over the house in April 2014 and never did so he kept paying fearing for his credit.

He stopped paying for the mortgage and went bankrupt in Sept 2014 and began to pay the interim support amount instead which was less than the mortgage. The house was more than the support and with mounting debts it was unbearable.

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Old 03-06-2016, 08:11 PM
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Why are the visits supervised?
When he left home in July 2013 she wouldn't give him access. in court in Jan 2015 she put in her affidavit for the first visit or 2 be supervised. This was to occur till the settlement conference on Jan 28 2015. My spouse couldn't afford a lawyer and asked for it to be put off for a bit.

she kept the supervised access going because we didn't go back to court and when my spouse got a lawyer in April 2015 her side did not respond. This went on till sept 2015 and changed lawyers

the new one tried and no response till finally getting a settlement conference on March 2nd for which she didn't show

The supervised access has continued like this since Jan 2015 because we haven't been able to peg her down to court.

A motion will take place on March 22nd so we are hopeful he will start to get normal access


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Old 03-06-2016, 08:11 PM
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If your partner has a court Order relieving him of spousal and child support by paying a mortgage I'd be surprised. I've never heard of that before but nothing surprises me with family court (presumably Ontario?).
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Old 03-06-2016, 08:13 PM
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If your partner has a court Order relieving him of spousal and child support by paying a mortgage I'd be surprised. I've never heard of that before but nothing surprises me with family court (presumably Ontario?).
Yes in ontario. It wasn't an order but judges acknowledged and agreed he could keep going like that until she took over the house bills which she never did

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Old 03-06-2016, 08:46 PM
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So has your spouse been discharged from bankrupcty yet? Presumably he had to report monthly to the trustee on his income and expenses. Did he claim child or spousal support as an expense or did he claim a mortgage payment? What amount does his tax returns show? (trustee would have done his tax return(s) year he went bankrupt).
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Old 03-06-2016, 09:21 PM
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Quote:
Originally Posted by lauriecrosby1 View Post
When he left home in July 2013 she wouldn't give him access. in court in Jan 2015 she put in her affidavit for the first visit or 2 be supervised. This was to occur till the settlement conference on Jan 28 2015. My spouse couldn't afford a lawyer and asked for it to be put off for a bit.

she kept the supervised access going because we didn't go back to court and when my spouse got a lawyer in April 2015 her side did not respond. This went on till sept 2015 and changed lawyers

the new one tried and no response till finally getting a settlement conference on March 2nd for which she didn't show

The supervised access has continued like this since Jan 2015 because we haven't been able to peg her down to court.

A motion will take place on March 22nd so we are hopeful he will start to get normal access


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He went from July 2013 until January 2015 with no access? There was no motion???? 17 months with no access to a 5 year old? And he did nothing.

Why did she ask for supervision? She had to give a reason and I take it that your bf agreed?

Sorry, the delays are from your boyfriend dragging his legal feet not because of the system or legal aid.
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