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-   -   Late motion advice (http://www.ottawadivorce.com/forum/f3/late-motion-advice-21049/)

Aghast 05-19-2017 06:16 PM

Late motion advice
 
I am going to court on Wednesday for child support and spousal support. I served a cross motion for custody? (determine where the children actually live) and imputing an income. (ex was laid off 5 years ago and is still clinging on to the "no fault of their own" and "I just can't seem to find a job") Ex has 20 yrs experience in her field and then went back to school, and got a Diploma, after divorce. Now she has started another venture; getting her real estate licence.

Well the cross motion was served late (monday is a holiday), but the clerk allowed it, and the lawyer is going to contest it. My position is; how can you determine cs/ss without all the information.

Any advice on how to convince the Judge that we are putting the cart ahead of the horse? That we need to resolve these issues before calculating cs/ss? Should I ask the Judge to adjourn the ss/cs (I am paying an interim cs already, more than I will have to pay after this motion)

arabian 05-19-2017 08:27 PM

I think judge will want financial information.

Has your ex provided all required information?

Aghast 05-20-2017 06:22 PM

Well there is a financial statement back in January. I asked her lawyer for her mortgage application but he ignored me. I asked for application because she bought a house with a $30,000 income on a temporary contract.

Berner_Faith 05-20-2017 07:13 PM

Quote:

Originally Posted by Aghast (Post 220921)
Well there is a financial statement back in January. I asked her lawyer for her mortgage application but he ignored me. I asked for application because she bought a house with a $30,000 income on a temporary contract.




Are you sure you're entitled to her mortgage application? All she has to fill out is a financial statement... what the bank awarded her or if someone co-signed for her has no bearing on anything does it? What are you hoping to gain by requesting her mortgage application? There is probably a reason her lawyer ignored you. Financial statements have to be done every so many months but I'm not 100% sure on the time frame


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Aghast 05-21-2017 09:47 AM

Hi Berner_Faith

The mortgage application was something my lawyer, when I still had him, mentioned.

The reasoning was that someone who is living beyond their means (buying a house with annual incomes between $15,000-$30,000) would have to state their annual income on their mortgage application. Would a mortgage company give a mortgage to someone with incomes that low even with a co-signer? I don't know.

However, they would have to explain how they managed to get a mortgage. The evidence is present that a house was purchased, for how much and how much the down payment was. There is no evidence of a co-signer.

Berner_Faith 05-21-2017 12:47 PM

Quote:

Originally Posted by Aghast (Post 220936)
Hi Berner_Faith



The mortgage application was something my lawyer, when I still had him, mentioned.



The reasoning was that someone who is living beyond their means (buying a house with annual incomes between $15,000-$30,000) would have to state their annual income on their mortgage application. Would a mortgage company give a mortgage to someone with incomes that low even with a co-signer? I don't know.



However, they would have to explain how they managed to get a mortgage. The evidence is present that a house was purchased, for how much and how much the down payment was. There is no evidence of a co-signer.



Yes if there was a co-signer or co-buyer a mortgage company would provide a mortgage. I will tell you this, when we bought our house, my husband only made $30,000... I was fresh out of college and was just starting in my career... my income was actually listed as $1 because I didn't have a job long enough to qualify. We were granted a mortgage even though our household income only showed $30,001.

There are many different ways around getting a mortgage. In separations I also don't think it's uncommon for an ex spouse to purchase a house with a family member to protect the asset. My father has his name on my brothers mortgage and title because when him and his gf bought their house they were not as serious as they were now... in the event they separated the house was only owned 1/3 by each of them. My uncle did this for my cousin as well. Both my brother and cousin make good money and could have been approved on their own but they were approved at a higher amount with the co-signers which allowed them to purchase more of a house, which they both can still afford.

I don't believe a mortgage application is required for disclosure. However those more experienced may know more


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Links17 05-21-2017 02:29 PM

I've seen judges use mortgage applications to set "real incomes"

Why did you file late? Why didnt u just delay. I would not have done that (I would have had the hearing at the next possible moment).

I think you need to learn the ground game, go to ontario court for part of a day, speak to duty counsel, get a lawyer to just walk you through what needs to be done, get advice here...

What kind of hearing this? A final hearing an emergency motion?

standing on the sidelines 05-21-2017 02:45 PM

I made less then 30k a year but was approved for a 125k mortgage to buy out the ex and take over the mortgage. I didnt need a co-signer.

Aghast 05-21-2017 05:57 PM

Hi Links

I didn't have a lot of time to do things because during the To Be Spoken To, the Judge wouldn't give me more time (I had just had change in rep to myself the day before)

It is a motion for interim cs and ss. I filed late because Monday is a holiday and I didn't realize it at the time. Though even if I did, I don't know if I would have been able to file on time.

How do you delay?


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