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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 09-19-2010, 02:14 PM
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You will also want a clause that states;

The parties shall exchange income tax on or before ** (date) of each year. The parties shall forward any Notices of Assessment or Reassessment received from Canada Revenue Agency within 30 days of receiving said Notices.

This takes her hiding her income and S. 7 expenses right off the table.

Also, add an "anniversary date" (usually Jan or Sept) for re-evaluating CS...it is the payor's responsibility to remain in line with the Guidelines Table amount at all times...
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Old 09-19-2010, 06:38 PM
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thank you rwm1273 for your advice about the joint custody.

i know that the joint custody is the best interest to the child. however my daughter has been living with ex all the time. i quite often worry that my claim to have the joint custody may not be seen as reasonable by a judge or court.

In your experience, if i insist the joint custody, how the court or the judge will see my claim, reasonable or not?

thank you

Nick
Sept. 19, 2010
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Old 09-19-2010, 06:59 PM
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A lot of it depends on how long you have been separated, your access you do have, and what was written in the original court orders, what kind of day the judge has had, and a few other things.

Basically there is no harm in asking, unless you have been an absentee parent and just came back recently.
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Old 09-19-2010, 07:48 PM
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Thank you rwm1273

a few facts are
1) jan 1996 married
2) june 1998 the child born
3) jan 2003 separated to now
4) i phone my daughter 3-7 times each week for many years since she could pick the phone. i have been trying to let my daughter feel that she has a dad who care her all the time.
5) the visit was regularly, but the visit now is not under regular basis, sometimes the child does not want to stay home, i guess my daughter grow up and does not want to go out with her father. i just do not know, she is changing.

i represent myself and do not have enough money to hire a lawyer, so if the things go to the trial management conference, i really hope the judge see the joint custody as the interest of the child. if not so, then i hope the judge will not punish me for the cost of the court expense because i insist on the joint custody.

thank you and i appreciate all the responses from you and others.

Nick
Sept. 19, 2010
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Old 09-19-2010, 08:12 PM
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I think that you first need to respond to the offer to settle. I would reply with credit for your past support you had paid. I also would contest the spousal support. Your marriage was for 7 years, and normally there is grounds for spousal support. But did she work in the marriage? You say she now earns more than you, which clearly shows that there is no need for ongoing support. What you may be forced to do is pay for a few years at most. You mentioned earlier $200 month, and I would not be willing to pay for more than 3 years or $7200. But I would only do this if you can afford this, and if there was need for it. There is no need to give her money that she does not need. If you two sold property and each got paid out, was that equal? Who paid for the down payment? These are issues to use to argue the need for spousal support.

I would specify that you will have joint custody, with her maintaining primary residential care and if you want you can let her have final say in all issues. I would also specify what you would like for access. Just because the child does not want to always visit, does not mean that there should not be an order for it. You can word it so that it is not binding on the mother and will help keep the emotions from taking over and being difficult.

As was mentioned before, I would specify that both parties are to provide financial information on a yearly basis. And given her income, then no section 7 expenses to be paid by you.
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Old 09-19-2010, 10:23 PM
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thank you rwm1273,

rwm1273If: "you two sold property and each got paid out, was that equal? Who paid for the down payment? "
We did not have any property at the time we separated.

"Just because the child does not want to always visit, does not mean that there should not be an order for it."
Thank you for you reminding me of the way to think those issues, which i did not think in that way. Excellent! Thanks a lot.

My questions:
(1) When I give ex my responses to ex's offer to settle, should I explain so much, so detail about the child support and spousal support, so they can understand how those number come out.

On one hand I feel i should give ex my explanation to get mutual understanding those issues, on the other hand I worry ex and her lawyer may get my thought and reasons and use those to harm and attach me at the court. Any experience about how to deal with those concerns.

(2) Ex and her lawyer may do the same thing that they do not serve me their financial statement for the trial management, and then the case may go to the trial, which i really do not want that step because i do not know how to argue those issues. The last settlement conference, the judge said that the case is so simple and clear and both sides should come out settlement. the judge also said this case should not be allowed to go to trial. there are not so much to fight.

If at the trail management conference, ex does not serve me her financial statement, then the S.S. and C.S. can not be solved, then the whole case may have to go to the trail.

Ex somehow got legal aid before she got the present job, so her lawyer likes to keep the case alive.

anyway, i wrote too much, thank you for your reading my story patiently.

Nick
Sept 19, 2010
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Old 09-19-2010, 10:32 PM
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If she is not eligable for legal aid, you can make a call to them and inform them. My ex quit working after I gave them a print out from MEP(FRO) showing how much she got from me in support, and a copy of her pay stub from her employer. A short time later she lost custody to me. But still does not work.

If you ask for financial discloser, they have no choice but to provide it. There are pre printed forms available for this request. If they do not provide it, then they could be found in contempt, and if you point out that you have not received their financial info at a pretrial confrence, they will be in shit.

Are you in Ottawa? If so I know a few people who may be able to help you out. I'm in Alberta, but am very active in a few of the FR movements and Equal parenting circles.
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Old 09-19-2010, 10:32 PM
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Quote:
Originally Posted by rwm1273 View Post
As was mentioned before, I would specify that both parties are to provide financial information on a yearly basis. And given her income, then no section 7 expenses to be paid by you.
Why not, rwm?? S.7 expenses must still be share proportionately to the parties' incomes..As an example, she makes $50 000.00, he makes 25K...he is responsible for 33.3 % of S. 7, regardless of who makes more. However, the custodial parent has an obligation to provide information on S. 7, as well as copies of receipts.

Joint cutody does not mean shared time...it means the same decision-making powers, and right to discuss and come up with answers to issues regarding the child's health and well-being...and will also ensure your ex cannot change your child's name without your consent.
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Old 09-19-2010, 10:43 PM
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Since they have be separated for a number of years, and there has been no request until now, there is precedent for some status quo. Besides unless the child needs some serious orthodontics, then there should not be much in the way of specific section 7 now.

My statement is what I would use as a counter offer for their offer to settle. Ultimately it will come down to a judge to make final say.
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Old 09-20-2010, 10:47 PM
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thank you rwm1273 and InterprovincialParents


I am in Toronto. My case is in downtown Toronto. Thank you rwm1273.

I wrote a letter to Legal Aid Toronto earlier this year and they gave me a reply saying they could not get involved in this case. maybe i should contact them again. hope something can happen.

And thank you InterprovincialParets, now I have better understanding about the Joint custody. i am going to contest for the best interest of my daughter. thank you help me and encourage me.

thank you all

Nick
Sept. 20, 2010
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