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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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  #41 (permalink)  
Old 12-23-2016, 09:06 PM
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Quote:
Originally Posted by arabian View Post
Lying by omission seems to be the strategy for many who have to pay support.

Standard of living often reveals someone's true income.

If you feel the current order for support is inappropriate you have the option of going to court and having the amount adjusted. Maintenance enforcement agencies can only alter the amount you pay if they feel you are suffering undue hardship. Good luck convincing them though... they're not stupid and require corroborating information. If you are an honest debtor you should be okay though.
Current order for support is the table amount I have to pay by law. It is too high but I was making those payments with no issues and up to date. The problem is the arrears over 8K$. I've requested they hold those arrears until trial but the other scumbag lawyer sent the order to FRO. I'll be getting 2K$ per month and just my mortgage and taxes are 1782$. The household expenses is between 800 to 1000$ a month. I was in the red big time and couldn't reimburse my legal fees. Now I won't be able to pay for the utility bills and the interest on my legal fees will just rise like hell. Ridiculous. I have to hold until Trial in May. Why does Divorce = deeply in debts. I had no debts out of my mortgage during my mariage and did not have to budget. Now I can budget the best I can and I won't make it. More and more ridiculous.

I need to bring a motion to hold those arrears until trial.
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  #42 (permalink)  
Old 04-03-2017, 12:25 PM
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Default The trial is in the spotlight

Hi folks,

It's been a long time since I last visited, but I've been very busy. I have spent the rest of my time since the New Year, compiling evidence, doing research, consulting with the legal aid office in Ottawa, seeking jurisprudence and writing several documents.

In January I had the CAS report containing the notes on the investigation that took place and the information reveals several facts that will surely have a bearing on my trial. I was shocked to read what the children said, what their mother tried to do, and what the intervener said. PAS was detected and the mother was warned since she deliberately involved the children in the conflict.

I am now to prepare the followings as I have compiled the information and drafted some of my presentation;

1- form 17E Conference Brief
2- book of exhibits
3- book of authorities
4- opening statement
5- closing statement (will definitely be revised accordingly and during trial for sure)
6- historical of my testimony (will have my own keynotes pad to remember the sequel of events as I don't have a lawyer to ask me questions)
7- Trial record
8- offer to settle (done and served but will probably do another or two)
9- form 35.1 Custody/Access
10- need to update both form 13.1 and 13B for financial statements.

I got a lot of questions answered concerning my evidence but I still need some info.

1- How do we present our evidence before the court?

a) During your testimony, do you refer to the evidence as Exhibit XX in the book of evidence?
b) Can you present the evidence as a batch of documents or they need to be presented one by one? I know it's better if it's directly related to a document like a financial statement. But what if I want to show that my request for access were always an issue. Can I say "see exhibit x from the book showing all my requests for access that were denied?" and have all my 50+ requests filed in that tab?
c) for ease of reference, I was to highlight the specific passage so the judge can only stick directly to what is relevant.
d) is Form 22 Admission of facts really necessary if my evidence will be served and filed before trial? (most of them are emails and the notes from CAS)

2- How do we present jurisprudence?

a) do we refer to them during our closing argument? and do we need to refer to all of them or they just need to be included in the book?
b) when i prepare the book, should I point out the specific paragraphe for each of them in the table of content for ease of reference?

I am asking because here on ODF, people are saying that you must defend your case like a lawyer so to me it means that you must refer to case law in support to your pleadings. Some other comments I encountered is if you are self rep, the judge will throw your book of authorities away.

Can't wait to have my normal life back with my kids.
maf007

Last edited by mafia007; 04-03-2017 at 12:26 PM. Reason: typo
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  #43 (permalink)  
Old 04-03-2017, 05:21 PM
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Also I have another question as I was going through WorkingDad's judgement. The justice stated that he presented a parental plan from the beginning.

Should the parental plan be presented from our testimonial or be part of our closing argument?
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  #44 (permalink)  
Old 04-05-2017, 08:06 PM
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Question Parental Plan

Question;

I have included my Parental Plan that I am to present before the justice during my testimonial at trial. It is included in my Trial Record along with the Form 35.1 Request for Custody and Access. Should it be included in my Book of exhibits as well to be referred as an evidence? Or just referring to the Trial Record is good enough?
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  #45 (permalink)  
Old 05-23-2017, 12:26 PM
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Was all done for our Trial scheduled in May then "bang"... postponed until September-October.

Given that the number of divorces is increasing dramatically each year, why are they not going to find the resources to deal with it?

We had our TMC and my STBX was told by the judge that the therapy should have started in the first place when I requested it. She lied to the judge and she and her lawyer were told that they will look bad at trial as their decision was prejudicial to my access with D9.

Once again, I requested that therapy start immediately.

In the meanwhile, I don't get any more access and cannot get my share of my interest through the equalization process. When you look at it, from the time we had to register our case on the trial list in last September, this will be a full year with no changes. Even though I have forwarded a lot of requests.

What can I do more until trial? It seems that everything I asked is being denied and refused. "NO" is the only reply I get. No negotiation at all. A trial is inevitable. What do you think?
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  #46 (permalink)  
Old 05-25-2017, 01:12 PM
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Hi there folks,

Trial scheduled in the Fall.

I have forwarded the following;

1- Offer to settle
2- request to start therapy with D9
3- request more progressive access until trial
4- request vacations during Summer

I have yet received any response to my demands. What should be my next steps until trial?

I am planning to summarize all the issues I had with access since Winter 2015 until now (up to trial) so it would be easier for the justice to read.

Any suggestions would be welcome. Any help would be appreciated.

thanks
the maf
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  #47 (permalink)  
Old 05-25-2017, 04:00 PM
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I would just sit tight until trial. Seems you've done everything you could.

Start preparing everything. The better prepared you are the better.


research, research and research some more (Read as many cases as you can on Canlii).
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  #48 (permalink)  
Old 05-25-2017, 06:24 PM
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For the last year, there has been no change. I requested a trial over a year ago and since.... postponed after postponed. Incredible how the Court cannot deal with the high volume of cases.

I'm prepared. I just need to throw my evidence in front of the justice as they were all ignored at every motion we had. My book of authority is done and yes, I am using the one with WD. It is a good case and is very close to what my STBX did and is still doing. I will keep reading some others but I don't think any would surpass the 4 I have at this time with access and custody.

For other issues such as imputing income and equalization payment... I also found what I was looking for. I am writing my pleading and will be revising it until trial. There is plenty of time.

For sure, a trial in my case is inevitable.
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  #49 (permalink)  
Old 07-24-2017, 11:23 PM
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Hello,

Just received a letter from the Court House to attend in two weeks in order to secure a Trial date in September. Finally getting closer.
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  #50 (permalink)  
Old 07-25-2017, 12:03 AM
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Quote:
Originally Posted by mafia007 View Post
Hello,

Just received a letter from the Court House to attend in two weeks in order to secure a Trial date in September. Finally getting closer.
Good luck
WD
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