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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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  #11 (permalink)  
Old 05-03-2011, 11:59 PM
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I've run out of money for lawyers so don't have a lawyer now. Because of the DivorceMate monopoly on SSAG calc's I can't present the tidy DM output for them to ogle. I can arrive at similar numbers with a spreadsheet but judges and lawyers seem unable to comprehend anything but the tidy one sheet DM output.

Were you in same boat and if so how did you get around this?
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  #12 (permalink)  
Old 05-04-2011, 12:14 AM
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Quote:
Originally Posted by dave9911 View Post
I've run out of money for lawyers so don't have a lawyer now. Because of the DivorceMate monopoly on SSAG calc's I can't present the tidy DM output for them to ogle. I can arrive at similar numbers with a spreadsheet but judges and lawyers seem unable to comprehend anything but the tidy one sheet DM output.

Were you in same boat and if so how did you get around this?
Is it spousal only or is there CP?

I can only speak to spousal without child support: the calculations are straightforward and I presented them in three lines (differnce in income, duration of relationship, rate). Even at a conference the justice did a quick calc in their head for interim support pending trial.

Remember there are two parts to spousal with two different calculations: amount and duration. Divorcemate looks complex because it does both at once. But the guidelines are very straightforward. You just have to understand that some discretion is allowed.

Just show how you calculate them and justify the choice in the variable element.

If you have child support I'm afraid I can't help at all with if and how it affects the calcs.

FG
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Old 05-04-2011, 12:26 AM
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CS as well... DM doesn't factor in duration of SS.. it just one lines it in a range of length of marriage or half length..

Good to know a judge will accept something other than the almighty (and often poorly functioning) DM.. I have a pension being equalized as well and it is completely useless at running with that scenario where support is reduced based on equalization of an income at source.
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  #14 (permalink)  
Old 05-12-2011, 10:36 AM
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Response I Received 9 May 2011:
"Thank you for your email in which you suggested that the Family Law Rules include a template for an offer to settle.
We will forward your suggestion to the Family Rules Committee, which has responsibility for the forms under the Family Law Rules.
In the meantime, as you have noted, there are offer to settle forms prescribed by the Rules of Civil Procedure (Form 49A) and the Small Claims Court Rules (Form 14A). In a family law case, a client could adapt the format of either of these forms or make an offer to settle in the form of a letter. Any form of an offer to settle should comply with rule 18 of the Family Law Rules.
The Family Law Rules and forms may be accessed through the Ministry of the Attorney General website at http://www.attorneygeneral.jus.gov.on.ca. Choose your preferred language and click on "Family Justice". On the "Family Law" main page, you will find links to the Family Law Rules and forms and to guides to procedures and other information that may be useful.
The court forms for family, civil and Small Claims Court claims can also be accessed at www.ontariocourtforms.on.ca.
We hope this information is helpful and thank you again for your suggestion."
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  #15 (permalink)  
Old 04-15-2014, 02:14 PM
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Default Offer to Settle

After I accept the offer to settle do I file in court with an acceptance form?
And what form do I use to accept this offer and file this offer?

STBX made an offer I accepted it but wanted to negotiate two things and then ultimately I accepted it.

He now says he revoked it which he never did so now I guess I need to put it in our continuing record at the court house? And file an acceptance form as well?
Any help would be appreciated.
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Old 04-15-2014, 02:29 PM
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Default enforcement of offer to settle claiming it was revoked

I am looking for case law that will support my motion to enforce the offer to settle that I accepted and that the STBX says he revoked via email.

He never revoked the offer and it is not filed in court.

I want case law that will support me getting the offer enforced.
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  #17 (permalink)  
Old 04-16-2014, 01:36 PM
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Northern Phoenix

I almost didn't reply because the thread you used is so old.

I understand your frustration. I have been through many settlement offers. Usually they include a clause; the offer must be accepted in full to be valid. Often there are concessions that justify other pieces of the offer.

You stated that you agreed except for 2 areas that you negociated again and then agreed to. The original offer is probably no longer valid as soon as you negociated something different on 2 areas.

Was a new offer prepared with the 2 areas adjusted in which you both signed off on with ILA? If not what I suggest you do is make your own offer to settle and serve it. He will need to ignore, decline or sign. If you are on your way trial this will be used as your offer to settle and presented to the judge at the conclusion of trial.

Sounds to me like you may be able to get a settlement without court interference if you both were that close. check the ego at the door and add a little honey to the communication and it might save the both of you (and your children if you have them) a lot of time, money and agrevation.
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  #18 (permalink)  
Old 04-16-2014, 03:58 PM
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Default offer to settle

I agree we should be able to settle, my ego is in the gutter so if he counter offers I will take it most likely but he won't even counter offer.
He is beyond reasonable right now I don't know why.
I will send him another offer to settle in the next few weeks. Back to court in June for trial management conf.
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