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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 09-01-2016, 05:35 PM
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Default New Judgement - ex won't sign

I received a new judgement in July of 2015 after a terrible interim order, ordering my ex to receive a large amount of child support and spousal support. The judgement from July did away with all of this and I owe my ex very little money. In the meantime, my arrears with maintenance enforcement has accumulated to over 100K and my ex says that he won't sign new papers because I screwed him over, he is going to let the arrears accumulate because ME is still following the interim order, because our order has not been finalized and he says he never will. my paycheque isn't garnished, but I am concerned that eventually it will be and I will lose my license and passport.

I have spent a lot of money on lawyers and would like to represent myself. Is there any way that I do something to at least have maintenance enforcement follow the new judgement. It's ridiculous that another person has so much power. I don't understand why a judgement from a judge isn't enough!

any help appreciated. This is in Manitoba courts.
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Old 09-01-2016, 05:53 PM
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Judgements don't need to be signed..... they are ordered. Judges don't "ask" they "order". Further more interim orders are temporary and have no prejudicial value.... they are just there temporarily till a judge can properly assess the facts..
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Old 09-01-2016, 06:09 PM
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In Manitoba you receive a judgement from the judge, then both parties have to include the figures and judges order in the final order for consideration by the court. That is what my lawyer said anyway. The interim order is being followed by maintenance enforcement and I have confirmed that. Child support is accumulating as per the interim order.
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Old 09-02-2016, 01:14 AM
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Perhaps polly is talking about each side consenting to the form and content of the order, and her ex is refusing to consent to the form or content?

If so, then presumably you write the order, and if the ex refuses to sign you go to court and collect costs when you win the motion.
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Old 09-02-2016, 01:28 AM
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By judgement, are you referring to an endorsement or an official court order?

The endorsement becomes a court order, but first one party has to draft it and the other party has to approve it in order for it to be issued by the courts.

If I am understanding it correctly, he/she is not approving it. I think the appropriate thing to do is to bring a motion of some sort and ask the judge to wave the final approval.

That's a lot of arrears , if I was in that situation I would seek a reduction so that it is affordable and more likely to be paid than not paid at all. Additionally, how would a suspended driver license or passport make the situation any better? How are you supposed to commute to work in Canadian winters or pickup or drop off the kids? Bus to pick them up and bus to take them back while the other parent drives a brand new leased mercedes? Absurd.
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Old 09-02-2016, 09:42 AM
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My ex a/o his lawyers refused to endorse orders on a regular basis. All my lawyer did was send the draft Order to the judge with a covering letter. Judge reviewed the matter and then pronounced and signed the Order. On a few occasions the judge would meet with both lawyers in his chambers. On one instance when lawyers couldn't agree on what was decided the judge Ordered that the two lawyers obtain the proceedings and meet again. Judge made his decision a few months later.

I'd simply instruct your lawyer to finish the job by sending the Order to the judge, indicating opposing counsel refused to endorse. Judge can either approve it or set up a hearing with the two lawyers.
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Old 09-02-2016, 01:04 PM
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Quote:
Originally Posted by trinton View Post
By judgement, are you referring to an endorsement or an official court order?

The endorsement becomes a court order, but first one party has to draft it and the other party has to approve it in order for it to be issued by the courts.

If I am understanding it correctly, he/she is not approving it. I think the appropriate thing to do is to bring a motion of some sort and ask the judge to wave the final approval.

That's a lot of arrears , if I was in that situation I would seek a reduction so that it is affordable and more likely to be paid than not paid at all. Additionally, how would a suspended driver license or passport make the situation any better? How are you supposed to commute to work in Canadian winters or pickup or drop off the kids? Bus to pick them up and bus to take them back while the other parent drives a brand new leased mercedes? Absurd.
You are correct. He believes he is entitled to what the original order stated and is being vindictive, even threatening to make me drive further to pick up the kids as it was in the first order. After a 4 day trial, the judge sided with me and substantially reduced child support and spousal due to inaccurate information given to the first judge. Since the arrears for child support/spousal are still accumulating on the old order I do need to have some kind of motion to help me but don't even know where to look! I appreciate your input.
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Old 09-02-2016, 01:07 PM
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Quote:
Originally Posted by arabian View Post
My ex a/o his lawyers refused to endorse orders on a regular basis. All my lawyer did was send the draft Order to the judge with a covering letter. Judge reviewed the matter and then pronounced and signed the Order. On a few occasions the judge would meet with both lawyers in his chambers. On one instance when lawyers couldn't agree on what was decided the judge Ordered that the two lawyers obtain the proceedings and meet again. Judge made his decision a few months later.

I'd simply instruct your lawyer to finish the job by sending the Order to the judge, indicating opposing counsel refused to endorse. Judge can either approve it or set up a hearing with the two lawyers.
Well it's not even that he will even negotiate on an order, he won't consider even looking at it so as of right now there isn't anything being done through lawyers. He refuses to even talk about it. As I mentioned, I have spent a lot of money on lawyers and I am hoping to represent myself. If I can provide a motion to at least reduce maintenance arrears to almost nothing as the new judgement states that would be amazing.
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Old 09-02-2016, 02:00 PM
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Quote:
Originally Posted by polly4 View Post
You are correct. He believes he is entitled to what the original order stated and is being vindictive, even threatening to make me drive further to pick up the kids as it was in the first order. After a 4 day trial, the judge sided with me and substantially reduced child support and spousal due to inaccurate information given to the first judge. Since the arrears for child support/spousal are still accumulating on the old order I do need to have some kind of motion to help me but don't even know where to look! I appreciate your input.
Was there a SDO issues by the court when that endorsement was made? I am currently dealing with an over payment with FRO and they are being rather very helpful in working with me to resolve the issue. Have a chat with FRO and let them know what the issue is and see what they say, if they're not being too helpful ask to speak with the enforcement manager. Most likely you need to bring this to the judges attention. Have a quick chat with one of the duty counsels in court (unofficially) and see what they tell you.
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Old 09-02-2016, 02:10 PM
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Quote:
Originally Posted by trinton View Post
Was there a SDO issues by the court when that endorsement was made? I am currently dealing with an over payment with FRO and they are being rather very helpful in working with me to resolve the issue. Have a chat with FRO and let them know what the issue is and see what they say, if they're not being too helpful ask to speak with the enforcement manager. Most likely you need to bring this to the judges attention. Have a quick chat with one of the duty counsels in court (unofficially) and see what they tell you.
The order is in Manitoba. I live in Saskatchewan, which makes it even more complicated. If you are meaning maintenance enforcement office when you are saying FRO, yes they are aware of the new judgment and they have a copy of it. They are asking for the two of us to get together to have a final order otherwise they can't do anything and will follow the previous order. The details of the support deductions are outlined in the new judgment.
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