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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 06-06-2015, 10:45 AM
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Default Court Monday for MEP

Hi,
I have court on Monday for my ex stopping May and June child and spousal support cheques and to try and get an order for maintenance enforcement. I'm not trying to change any support amounts.

Thursday I received an email from ex saying my June cheques are down at his lawyers office. I went yesterday after work to get them and they served me with his affidavit. No May cheques and the June child support cheque had $40 taken off for 'fees'. Apparently the May cheques together with the $40 deduction from the June a as cheque pay him back in some way for these fees.

This affidavit is full of untruths. Almost every point which he makes is made up in some fashion or all together. And it contains many many separation topics.

We had an arbitration agreement in place since May 1 to cover all of these issues, but ex refused to pay his share of retainer until this Thursday when he filed this affidavit so one of his points is that there is no need to be in court. I had let the arbitrator know that I had to file withy the courts due to the stall in arbitration and the urgency of the topic.

I look at this as him trying to confuse my application to make the judge say, "I'm not dealing with this here". I was not going to file an affidavit in response to his affivadit, just be prepared if anything he mentioned is brought up. My ex did not make a counter claim for anything, to me it looks like proof that we are high conflict and NEED MEP to be the middleman to get some distance.
Opinions? After this court, our arbitration is now booked for mid September.
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Old 06-06-2015, 01:13 PM
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I believe Arbitration (or Judicial Dispute Resolution) is done differently in Southern Alberta than in Edmonton area - why I have no idea. In Edmonton the JDR's are conducted by judges so getting something transferred to an Order isn't an issue.

If MEP feels you need to get an Order for them to enforce then it sounds like Monday will be the time to do it.

Only thing I know which might be relevant is that your ex is trying to perhaps "piggy back" on your Order? Judge will/should notice this and instruct him to file his own motion.

Good luck
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Old 06-07-2015, 01:05 PM
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From what I understand with MEP,they will only enforce if you both agree on a document on the amounts OR you have an order from judge with exact amounts.

If you are going into morning chambers, I assume the judge will push this into special chambers at least. You can't determine spousal support I don't think within 15 minutes let alone child support.

So yes, his tactic might be he is loading up his affidavit so it could be pushed to another date. However, all this really means is he is delaying payment not eliminating or reducing it...well he hopes he can.
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Old 06-08-2015, 12:19 AM
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Hi, he's been paying me a set amount of spousal since Sept 2012...we have the amount listed with an end date of Sept 2016 in a signed separation agreement. We've also been doing a set a as amount since sept 2012, also listed in the separation agreement. I'm not trying to change the amounts, I just want him to live up to the signed contract. After 2.5 years, I guess he's changed his mind.
We have the arbitration on sept 15, so any number changes will be addressed then...but in the meantime, he's just making my life difficult by witholding the payments by whatever whim he decides for that day. Hopefully I can keep the judge on track.
I hope they won't be asking him if he wants MEP because he certainly won't agree to that!
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