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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 11-20-2013, 10:16 PM
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Arabian, I found your reply very strange and almost bitter in it's tone. To set you straight:

No contempt at all or anything of that nature. Just years of fighting for custody against a parent who has done everything possible to keep me from my child. Assaulted three times by my ex while trying to pick up child. A living nightmare.

SHE has been uncooperative..so much so a judge told her that if she didn't start cooperating, I should have the police escort me to her home to exercise visitation.

I pay my lawyer, she has legal aid.

I'm interested in real, genuine advice here, not conspiracy theories from someone who is clearly a little bitter.
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Old 11-20-2013, 10:49 PM
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I agree with Wretchedotis. That SS-Spousal Support vessel has sailed. I have not checked, but I doubt there is much case law out there to support the notion that SS can be sought after so many years. There are limitations placed on some of these things, and with good reason. Rainman, check to see if there is a limitation period applicable to a litigant seeking spousal support.
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Old 11-20-2013, 10:53 PM
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Quote:
Originally Posted by rainman View Post
SHE has been uncooperative..so much so a judge told her that if she didn't start cooperating, I should have the police escort me to her home to exercise visitation.

I pay my lawyer, she has legal aid.
So the judge issued an order for access with police enforcement? You do know that police would likely be adverse to attend without such an order?

I offer no conspiracy theory, only advice that in your research to not limit yourself to looking at only your Province's case law.

I'm not bitter - you're the one with the 8 yr old problem that won't go away.
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Old 11-20-2013, 11:07 PM
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rainman - when you are doing your search on CanLII, search as "delayed spousal support claim" and you will find numerous cases which might possibly be of relevance. I just did the search and found many cases which you can read.
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Old 11-20-2013, 11:32 PM
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This was a post from Jeff, the owner of this forum, in 2006 regarding statutory limitation on spousal support:

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As you correctly point out, there’s no statutory limitation to pursue a claim for spousal support under the Divorce Act.

Up until January 1, 2004, if you had a claim for spousal support under the Family Law Act, you had to pursue this within 2 years. This led to an inequality in that a previously married spouse could pursue spousal support after any length of time, but a previously common law spouse lost their claim after 2 years.

This has now been amended with the provision of the Limitations Act that you point out. So, now there is no longer a statutory time limit for pursuing spousal support.

As a practical matter, the longer you wait to pursue a spousal support claim, the harder it is to be successful. You can’t just sit around for 10 years and then expect to obtain spousal support as if nothing had happened.

While there are no statutory limits on pursuing spousal support, there is an equitable doctrine known as "laches" which essentially boils down to a general statement that delaying your claim will be prejudicial to you.

If your claim for spousal support under the Family Law Act arose prior to 2002 (normally your claim starts on the date of separation) it will be statutorily barred now as this new legislation isn’t retroactive.

There aren’t many time limits in family law. The only other one I can think of off the top of my head is regarding the division of property. An application to equalize net family properties must be brought:

(a) two years after the day the marriage is terminated by divorce or judgment of nullity;

(b) six years after the day the spouses separate and there is no reasonable prospect that they will resume cohabitation;

(c) six months after the first spouse’s death.
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^this was a post from Jeff in 2006 on ODF - responding to a question if there was a statutory limitation on spousal support.

Last edited by arabian; 11-20-2013 at 11:43 PM.
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Old 11-21-2013, 04:54 AM
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No the judge didn't issue an order for police to enforce my access. There already was an order for access in place which my ex was not complying with and during one of our many court appearances whereby I was complaining to the judge that she wasn't following the order, the judge simply warned my ex that if she didn't start complying, I was within my right to contact the local police to show up with me to enforce the already existing court order. It was nothing formal on the judges part, but more of a warning to my ex that I could do that if I chose to.
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Old 11-21-2013, 05:03 AM
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Thank you Arabian, I will check that out.
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Old 04-17-2014, 05:50 PM
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Rainman,

Followed this thread and am curious how your custody developments have progressed since last posting. Also, any new developments regarding the SS claim.

Thanks for sharing...
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