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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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Old 12-04-2015, 03:29 PM
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Default Awaiting a trial decision

My parents had a two day trial three weeks ago as of today. Judge said she would probably have a ruling sometime next week, we're at three now. I was a witness in the case which was stressful enough. The matter was regarding post-secondary education costs. Kind of in a bind as tuition is coming up.

Anyways, question being, how long did you guys have to wait for a decision following trial?
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Old 12-04-2015, 04:40 PM
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Quote:
how long did you guys have to wait for a decision following trial?
There is no set wait time. Some judges can put out a decision in a few weeks, others will take months (six, or more). It depends on the judge, the complexity of the issues and the schedule.

If the issue is becoming pressing, the parent you live with (I am making the assumption you live with one parent and have little to no contact with the other, hence the need to compel payment of education costs) could ask their lawyer to contact the judge to provide a judgment (or guidance for the family) on that issue, with reasons pending. The judge may agree that portion of the decision ought to be released, or may have everyone wait for the final decision.
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Old 12-04-2015, 05:10 PM
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Thanks OrleansLawyer,

Yes, I live with my mother. Father brought forth the motion to discontinue support. There was an issue regarding bankruptcy fraud the first day of trial brought up against my dad. Judge said she was unfamiliar with bankruptcy laws. A document was introduced as evidence. Consequently, I am sure that is being looked at and would only lead to more of a delay.

Thanks again, have a good weekend.
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Old 12-04-2015, 06:09 PM
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Unfortunately when people (who owe support arrears) go bankrupt there exists inconsistency between the Bankruptcy Insolvency Act (BIA) and the provincial maintenance enforcement agency's interpretation of the Act. The disagreement lies in the active enforcement/collection of arrears. Act states that bankruptcy does not give the individual clemency from aggressive collection actions, however, the provincial maintenance enforcement agencies will not actively pursue collection of support arrears. So if your father owes your mother a pile of dough, under normal circumstances (without bankruptcy) the maintenance enforcement agency would progress through their steps to do such things as cancel his driver's license or seize passport etc. Bankruptcy is indeed a loophole for those deadbeats who owe support arrears. The collection agencies will continue to collect the ongoing support but they will not pursue aggressive collection actions. It's pitiful really.

So if the judge (with no bankruptcy experience) is having to get-up-to-speed on the BIA I think you can unfortunately anticipate a longer, rather than shorter, wait on a decision.

Hope I am wrong and that your issue doesn't have to deal with what is basically a disagreement between provincial and federal levels of government.
Hopefully the judge will be fair and outcome will reflect fact that when someone goes bankrupt they are lessening their financial debt load. When someone's debts are erased the ability to pay their responsibility of post-secondary and other child support expenses should be much more affordable.

Last edited by arabian; 12-04-2015 at 06:17 PM.
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Old 12-04-2015, 07:27 PM
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We're not even sure how he was able to claim bankruptcy. $100,000 year salary, didn't pay rent because he helped around the building with maintenance etc, drove an older vehicle. He worked (now retired) in the criminal justice system as a detective, so I assume, he knew how to look for loopholes. In any case, my mother reported it to the bankruptcy agency so he is under investigation by them. I know the findings of that will have no bearing on this particular court decision, but I'm sure the judge is taking his bankruptcy into consideration.

Thanks for the detailed response, arabia.
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Old 12-04-2015, 08:01 PM
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Often times when someone goes bankrupt the courts take the view that the bankrupt has relieved himself of debt and is therefore in a better position to pay support. Therefore it isn't always a good thing to object to an ex's bankruptcy.

Bankruptcy is a complicated matter with rules unto itself. Makes for interesting reading.

Distilled version:
https://www.ic.gc.ca/eic/site/bsf-os...h_br01545.html

The Act:
https://www.canlii.org/en/ca/laws/st...985-c-b-3.html
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Old 12-16-2015, 09:27 PM
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I am at six months, with no word from the judge. He has had written submissions in his hand since August....
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Old 12-17-2015, 12:34 PM
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Quebec has a 2 month limit for custody decisions, my divorce judgement was rendered on the spot and there was no consent, the judged wanted it done with ASAP
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