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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 02-13-2017, 11:11 AM
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Default did trial ,lost badly ,imputed wage?

just had trial,2 days ,i thought i did ok.
But judge didnt think my way.
1.part of my pension went out to her ,which i knew was happening.

2. kids live with me ,age 22 and 19 ,both in college .

3. ex is not working at all,health issues,2017 no child suppport payable to me.

4. i was imputed with a total wage of 45 k ,spousal suppport above my pension payout is 490 a month.

5. i was self repped ,i could of did better,not well prepared,made offers before trial,none were accepted.

6. judgement was email.


Questions..

1. I cant afford this ,the spousal is nonesense ,i am unable to work now due to back injuries,i have been collecting pension for 8 years now .i used to be able to supplement income ,but not now.tried to explain that..How do i appeal this order ?

2. Both kids live with me while in college with no help from ex,some cs was put on her but nothing going forward ,but with an income of my pension and spousal seems unfair.

3. also what form do i use as we have to put costs in and i could never afford to pay for her lawyer in my circumstances now.

4. please help. any answers are appreciated. ... thanks .
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Old 02-13-2017, 11:55 AM
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I am not too familiar with SS but you could file an appeal if you think the judge made an error.

I think there are things you could do as well if the SS payment puts you in undue hardship. You will have to prove there is no way possible for you to pay that $490 a month or get a job. You would have to show financial statements and job search efforts I would think.
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Old 02-13-2017, 12:55 PM
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Quote:
Originally Posted by lplp View Post
How do i appeal this order ?
Honestly, you don't.

You couldn't win at trial. Winning on appeal is substantially harder than winning at trial.

You can't argue "judge was unfair". You have to argue "judge made a legal mistake". What legal mistake did the judge make? If you can't articulate a mistake, then you will lose your appeal, plus another couple of thousand in costs.

Is SS ordered unfair? Should have argued that at trial, can't argue it on appeal.

Is lack of CS unfair? Should have argued that at trial, can't argue it on appeal.

In terms of costs, emphasize that with the SS order and the lack of CS order, that any costs order against you will adversely affect the kids. Don't for a second say that it will hurt you. The costs will hurt your kids. The kids will suffer if you have to pay costs. Make your costs argument all about the kids.
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Old 02-14-2017, 09:07 AM
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Quote:
Originally Posted by Janus View Post
In terms of costs, emphasize that with the SS order and the lack of CS order, that any costs order against you will adversely affect the kids. Don't for a second say that it will hurt you. The costs will hurt your kids. The kids will suffer if you have to pay costs. Make your costs argument all about the kids.
Agreed

Question did you provide medical evidence that you can't supplement your income now?

Did you call your doctor to testify, people need to understand that any evidence be it a letter, or other is only untested evidence until the other party has an opportunity to test that evidence in cross. Untested evidence is simply a statement and holds no weight.

If your doctor wrote a letter, you need to call the doctor to the stand to be crossed, you have to give the opposing council or party an opportunity to ask questions.
Doctor says you can't work (construction) as it is too hard on you body now. As such can't make supplemental income. opposing council needs the opportunity to test that statement. Can you stand for a day and serve at Tim Hortons, can you sit in a designed chair and work at a computer all day, what about a standing computer work station. Without this opportunity to cross and test the evidence the weight of the evidence can't be ascertained.

You have to provide the opportunity, if opposing side doesn't take that opportunity then it's their loss or your loss if you don't.

This is the crux of preparing for trial, and litigating. It's not well if I get my opportunity to speak to the judge, then they will understand and rule in my favor. It's well if I get my opportunity for the judge to hear my side, and have it tested by the other side and see that what I have said is the truth. And that when I get to cross the other side I will be able to poke holes in the opposing sides story and the credibility of the opposing side will be adversely affected. Then the judge may rule in my favor.
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