Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 12-22-2015, 04:42 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,911
arabian will become famous soon enough
Default

Stllbreathing - I will amend my remarks as I reviewed your previous threads and you do, indeed, have an Order for CS and SS. You never indicated whether or not you were registered with FRO?

If your matter is primarily one of collection then an Urgent motion would not likely be appropriate. Your issue would be with FRO and riding them as to why they have not succeeded in collection of arrears.

If you go to an Emergency Motion without having first taken the steps (register with FRO) you will end up having your motion dismissed with costs assessed against you.

1. Get registered with FRO if you are not currently registered
2. Pay your lawyer and either proceed to set another motion date or get another lawyer?

Best of luck.
Reply With Quote
  #12 (permalink)  
Old 12-22-2015, 07:51 PM
Senior Member
 
Join Date: Dec 2014
Posts: 236
Stillbreathing is on a distinguished road
Default

I don't get spousal support. Have been fighting for it but still not ordered. CS is very very low as he has been hiding income and refuses to disclose his actual Income. Have to let my lawyer go as I have no way to pay him. Talked to somebody about legal aide and was told that they will only help with custody, access, CS and SS but not for the equalization I will have to hire another lawyer or self-rep. Yet at the same time, even though they are not willing to help me obtain a fair settlement, should I qualify they want me to sign documents releasing the funds from the sale of the house to them to pay back their fees. In other words they won't help me obtain a fair settlement but they will have their greedy hands in it to take it from me! I wonder if they would let me change the wording that if we go to trial and I win my legal fee costs that THEY must go after my ex for the fees instead of dipping into the money in trust from the house! Bet we all know what the answer would be!

Last edited by Stillbreathing; 12-22-2015 at 07:55 PM.
Reply With Quote
  #13 (permalink)  
Old 12-22-2015, 08:04 PM
Senior Member
 
Join Date: Dec 2014
Posts: 236
Stillbreathing is on a distinguished road
Default

Oh and the CS is currently 3 months in arrears. We are registered with that useless government agency called FRO. He is chronically late and has paid none of the s7 expenses he agreed to pay. Have been on the phone today with the provincial Ombudsman who will get after FRO...I'll believe that when I see it...
Reply With Quote
  #14 (permalink)  
Old 12-22-2015, 08:18 PM
Senior Member
 
Join Date: Dec 2014
Posts: 236
Stillbreathing is on a distinguished road
Default

And yes Arabian, he is now worth several million dollars. Some of that is settlement money and some is marital investments he absconded with. I have sole custody of all the kids and am being forced to apply for welfare due to all the delays. I don't think it is reasonable for the tax payers of Canada to have to pay to support my kids and I when he is a multi-millionaire and if I were allowed to access our funds and he wasn't out to destroy all my sources of income, I could manage well on my own without SS!!!!
Reply With Quote
  #15 (permalink)  
Old 12-22-2015, 09:12 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,911
arabian will become famous soon enough
Default

Actually you probably would be in a better situation if you did go ahead and apply for welfare. Judges do not like taxpayer money being used when the payor can afford to pay. You at least would be guaranteed a timely deposit each and every month in your bank account, albeit small, to help with basics.

People with access to substantial cash (like my ex at the time of our separation) can drag things out in court for years on end. Your lawyers must sense that the money is either gone or unattainable or they would most assuredly be in there for the long haul. If there are tangible assets your lawyer would simply lien the property or get a motion so that you can be advanced a percentage of the marital assets until equalization.

Insofar as the Ombudsman... that's another lengthy situation. You can be looking at years and years.

Also consider that your ex might very well have blown through most of his money by now. You yourself stated that at one time you were going through $10,000.00/week in legal fees (and last year said that you had gone through your life savings of $200,000.00 in legal bills) to fight your ex.

You probably have to come to reality that you will get very little of what you originally expected. I hate to tell you this but without proof of bank accounts oozing with money in your ex's name you are in a not-so-good situation.

Legal aid is a good resource for people who have no money. By the sounds of things you have no cash flow but have assets (house). I believe that when you obtain Legal Aid you are assigned a set amount of hours. I do not believe that Legal Aid is just for child support or family court matters. (People who are incarcerated apply for Legal Aid). Of course you have to pay it back if you have an asset that is liquidated just as you would have to pay your own lawyer if he were to lien your property to continue to represent you.

Hope you manage to have some happiness and peace through the Christmas season.

Last edited by arabian; 12-22-2015 at 09:15 PM.
Reply With Quote
  #16 (permalink)  
Old 12-22-2015, 09:47 PM
Senior Member
 
Join Date: Dec 2014
Posts: 236
Stillbreathing is on a distinguished road
Default

There is some proof of bank accounts and investments with huge amounts of money . There is also the house funds. My lawyer wanted to ask for 35,000 to be released to pay him. That way I will deplete the entire amount and there will be nothing left at equalization time. If I continue with a lawyer whether private or legal aide, I will have no money left at equalization time. If I go self rep there is a much higher chance there will be more than enough money left to buy a modest house.
One point in my favour is that should costs be awarded against me for anything, I don't care. I have nothing to pay any costs with. So that threat by a judge won't work with me. You can't get blood out of a stone.

Last edited by Stillbreathing; 12-22-2015 at 09:50 PM.
Reply With Quote
  #17 (permalink)  
Old 12-22-2015, 09:59 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

If there are millions of dollars in play here, I would be very surprised if lawyers don't take your case.... The first they ask is what are you worth....

In Quebec, it happens 100% of the time that there is interim spousal and child support. I can't imagine interim support payments are not the norm in ontario.
Reply With Quote
  #18 (permalink)  
Old 12-23-2015, 12:42 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,911
arabian will become famous soon enough
Default

Quote:
Originally Posted by Stillbreathing View Post
There is some proof of bank accounts and investments with huge amounts of money . There is also the house funds. My lawyer wanted to ask for 35,000 to be released to pay him. That way I will deplete the entire amount and there will be nothing left at equalization time. If I continue with a lawyer whether private or legal aide, I will have no money left at equalization time. If I go self rep there is a much higher chance there will be more than enough money left to buy a modest house.
One point in my favour is that should costs be awarded against me for anything, I don't care. I have nothing to pay any costs with. So that threat by a judge won't work with me. You can't get blood out of a stone.

Actually you do have something to pay costs with - your home. Judges are very good at setting costs up on monthly payments.
Reply With Quote
  #19 (permalink)  
Old 12-23-2015, 09:14 AM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,225
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
Actually you do have something to pay costs with - your home. Judges are very good at setting costs up on monthly payments.
correct me if I am wrong but isn't there also so sort of rule that you have to pay the costs you owe before you can take the person back to court???
Reply With Quote
  #20 (permalink)  
Old 12-23-2015, 09:46 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,911
arabian will become famous soon enough
Default

I believe that would be a judge's discretionary item or something you would have to request. (Someone will correct me if I am wrong.) I believe that it would have to be specified in the Order. My ex was litigation-happy and took me to court 6 times after he was ordered to pay costs and despite strong protestations from my lawyer (Alberta Court of Queens Bench).

In Ontario:

Prohibition on Further Motions

(3) On making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in a proceeding without leave. O. Reg. 43/14, s. 1. (Rules of Civil Procedure)

and

Contested Motion

57.03 (1) On the hearing of a contested motion, unless the court is satisfied that a different order would be more just, the court shall,

(a) fix the costs of the motion and order them to be paid within 30 days; or

(b) in an exceptional case, refer the costs of the motion for assessment under Rule 58 and order them to be paid within 30 days after assessment. O. Reg. 284/01, s. 16.

(2) Where a party fails to pay the costs of a motion as required under subrule (1), the court may dismiss or stay the party’s proceeding, strike out the party’s defence or make such other order as is just. R.R.O. 1990, Reg. 194, r. 57.03 (2) (Rules of Civil Procedure).

Last edited by arabian; 12-23-2015 at 09:52 AM.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
what is "Personal Stuff" I am allowed to take out to live the next 2 years? ddol1 Divorce & Family Law 29 01-18-2012 06:08 PM
Hi i'm new and have spent 30k in 18 months to get 3 support payments urrrrg! dalia Introductions 6 07-04-2009 10:54 AM
Common law for 9 years Max22258 Common Law Issues 15 01-04-2009 10:30 AM
26 months and no settlement worried Mom Common Law Issues 1 07-15-2008 06:41 PM
Thirty years and here I am! babs Divorce & Family Law 8 07-30-2007 09:49 AM


All times are GMT -4. The time now is 06:09 AM.