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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 02-02-2006, 09:18 PM
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sorry grammar and spelling so raw; I didn't have time to review
thanks
  #22 (permalink)  
Old 02-03-2006, 12:13 PM
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Default Thank you Northpole..

Thank you for your words..
This situation just keeps on getting harder and harder and harder...I do not know what to do some days...like today..
I have not seen my kids, in almost a month now...I have spoken to our son only once during that time....
I am at a loss for what to do...and I do not have alot of strength or stomach for this mess...
She said over and over that she wanted me to be able to co-parent and be able to be there for our kids....since she`s declared bankruptcy it seems that everything has crashed....not sure what to do....
Where did my life go??? does not look like it is getting any better...
Aden
  #23 (permalink)  
Old 02-03-2006, 01:33 PM
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LOGICALVELOCITY, LINDSAY,or anyone else who may know...... Hello just wondering if anyone has any info re: my post of two days ago.
thanks again
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Old 02-05-2006, 01:01 AM
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can someone, anyone with knowledge on this subject please respond.
Thanks.
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Old 02-05-2006, 11:27 AM
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God knows the truth,

Breach of Fiduciary Trust, do you mean "Tort". I found this explanation for Tort:

A "tort" is defined as a private or civil wrong or injury, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages. This definition can encompass many different causes of action, but every tort action, whether family law related or otherwise will have three common elements:

1) the existence of a legal duty from the defendant to the plaintiff
2) a breach of that duty; and
3) damage as a proximate result of the breach

Try posting your question, under a new thread, hopefully you will get an answer from someone with more legal knowledge than myself.
  #26 (permalink)  
Old 02-05-2006, 05:48 PM
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GRACE, GRACE, GRACE, just trying to get your attention (insert smily face).
Thank you so much for your answer; it sounds EXACTLY like what I'm referring to. Where did you get that information? You say "tort" law,... as opposed to what?Is it in the the civil law or realm, or criminal law realm or a division all it's own?...Is it a subsidiary within an umbrella cass of law? Where do you think is the best place to post this; neither category seems to fit. I'm hoping someone can also help me with what to do in regards to the life insurance my ex had to get for children. (info given in my february 1 post)
Grace, thank you for responding ;I was getting a little disheartened about the lack of response, especially since I certainly try to help others with their questions and concerns.

Have a great day.
  #27 (permalink)  
Old 02-05-2006, 08:21 PM
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godknowsthetruth,
sorry I missed the post but just read it.

http://www.ottawadivorce.com/forum/s...=3266#post3266

keep things simple as possible as I always say.


from what I read in your post,

1) your ex was ordered by the court to get a life insurance policy with the intent that in the event of his death there would be money to support the children but instead has left the insurance policy to the estate? Is this correct?

What is the exact wording of the order? If it isn't clearly layed out and is open for discretion on how this should be set up, why not bring the matter before the court first by way of a case conference to vary the order or have the ordered defined more clear with precise language. If the wording of the order is so open and vague have it changed to a precise order not open for interpretation. Seems to me that he is making things very difficult.

Just another suggestion,

I would also get the employer sponsored language out of the order. If he ceases employment; does he maintain a similar life insurance policy?

Another suggestion,

have the children listed as irrevocable beneficiaries of the life insurance policy in any varied order. Whoever is the children's guardian at the time of death would have control of the children's money if the children are minors.

The ecentric thing about his method is that his estate will pay probate tax on the value of the life insurance policy as the estate is the current beneficiary of the life insurance policy.

The other concern is that in the event of his death, his estate could be frozen many months even a year or more depending on when his executor decides to probate the will and begin to settle the estate. Its not uncommon for estates to be frozen for 6 months without any disbursements. His method is really not fair to the children.

Last edited by logicalvelocity; 02-05-2006 at 08:32 PM.
  #28 (permalink)  
Old 02-05-2006, 10:26 PM
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GKTT,

I feel like the blind leading the blind. I don't know much about tort law. The definition I gave you in my previous post, I took from one of my divorce reference books.

I did find this on a Google search: http://www.bcfamilylawresource.com/10/1006body.htm

I'll keep looking.
  #29 (permalink)  
Old 02-05-2006, 11:27 PM
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Hi Logicalvelocity
Thank you for responding so quickly; you and Grace all in one day--I feel very special (insert smily face).
The clause of court order regarding the life ins. says:"THIS COURT ORDERS THAT the Respondent shall take out life insurance in the amount of $ 50,000, naming (children) as his beneficiaries". This is verbatim.
Just to be nasty, he says his sister-in-law is his beneficiary, therefore she would dish the money out to children as SHE sees fit. That's not her privledge; I should say when they get money,at what age, what level of education they'd need to attain first etc.
We don't see the aunt so do I have to keep dibs on her whereabouts and vice versa for the next 15+ years; that's crazy. She's a nice woman but I personaly think this is just another 'gotcha' tactic.I never took into consideration the probate fees, is this gonna cost me MORESHAGIN' money? I'd do it myself but how? What paper do I file ; just a regular affidavit or a motion to vary?Please fill me in., I want to do this once and do it right so I'm not rehashing THIS segment again, like severaol other issues.
my ex has the life insurance through work---NO, i'LL REPHRASE THIS--HE SAID HE HAS IT I asked for copy but he won't produce, says his work won't give me a copy, so , knowing him the way I do, he probably doesn't even have one.
Thanks for your response LV, and Grace. I feel like I'm "IN THE LOOP" again. For awhile there, I thought everyone was just using me for my words of wisdom Ha Ha Ha.
  #30 (permalink)  
Old 02-05-2006, 11:40 PM
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grace you're obviously not blind 'cause you're giving great advice and links to help me out. Could you tell me where you go your divorce reference bool and if they have the same type of book for all areas of law; I gotta' feling this will continue for quite awhile. If it's not one thing it WILL be another. ANYTHING you can give me for enlightenment is greatly appreciated.
Also, I like the new alias you've given me --GKTT--I call it 'G' 'K' 2T. Funky!!!!
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