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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 07-15-2017, 12:32 AM
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Tandem80 is on a distinguished road
Default Court, settlement offers and affidavits ohmy!

Court is scheduled for a week from now. Has been adjourned 2 x now. Once for being served 2 weeks prior to court date leaving little to no time for me and my lawyer to get together and gather everything. Still at 8 pages but put it off to the side to offer a settlement proposal...providing my ex with a further explanation that I am not in arrears with support and the fact she says I am in arrears with Section 7 expenses I was never made aware about until her application.

I have offered to adjust support yearly according to my income inst ad of the 3 year average we were doing. As well as a budget for the kids sports as she had also listed in her motion that she would like one. However she wants to get away with not asking for consent and just hand me a receipt for Section 7 expenses. I do not agree to that at all. I will agree to a budget for sports $1000 a year per child and if the sport is not on my weekend access (live hours apart) (she moved just to clarify) then those sports do not need consent. However if there is a sport child wants to go in that does occur during my time it must be discussed and agreed to by written consent.

My ex is sooo unreasonable she will not go for the proposal. There is a bit more added in it including mentioning in the proposal if the settlement is not accepted we will have to review my exs returns to inpute an income for her Section 7 proportionate share. She has yet to provide me her income tax returns due June 30.

Anyways the settlement proposal was sent a week and a half ago haven't heard a thing. I am meeting my lawyer next Friday which is only 4 days from our court date to finish my response affidavit which is nearly 45 pages long with exhibits of emails and texts proving my reasonable requests for mediation and asking for receipts to these so called expenses and pleading with her to not register our children in sports that run on my time.

Anyways if they don't see my response until the day before court then what happens? Does my offer to settle come to play in this?

I would like to ask for costs because I had to spend $6500 just to prove I was not in arrears for support or Section 7 expenses. The expenses were never asked for contribution either...shouldn't she have to prove she did ask me? I wouldn't be fighting this if I had the proof because then I would know I was wrong but this is ridiculous the lies told in her affidavit.
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Old 07-15-2017, 12:37 AM
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Join Date: May 2017
Posts: 146
Tandem80 is on a distinguished road

Just to add that court is currently set for morning chambers and we would like special chambers but that means we can't get in until February 2018. What happens in the mean time? Keep overpaying support or adjust it? Start the budget or don't pay any extra curricular? None of them are extraordinary anyways....except the one she registered my son in that significantly impacts my time. If I pay for it without a settlement being reached or court first am I agreeing to it? I still don't agree with it but will if she agrees to a budget and he will miss that sport in my weekends (which she agreed he would miss in an email) used as an exhibit.
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