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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 10-22-2016, 10:13 AM
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Default Nov trial I'm Srl ex has the worst lawyer ever

I know this will be difficult to explain ,I divorced after 25 years 3 years ago ,we have 2 adult children I was the primary care giver as my ex lived away from us for 11 years perusing the career he resumed in 2012. We had a 5 year separation because our youngest child was still in school and I did not want to disrupt his life ,I am ill and was on ODSP at the time I just qualified for CPP .in 2012 we stilled shared a house as he was away during the week ,I thought we had a good relationship and trusted him ,first mistake .He insisted we NOT use lawyers and could do our own divorce I conceded because we got along our order contained provisions beyond support that he was to provide ,not only did he not pay support he of course did not follow thru with the provisions FRO could not do anything but collect support. He had I'm now aware of actually consulted 2 lawyers before signing I only talked to duty council about non specific things .Also he did not disclose the value of an RRSP it was 84,000$ he said 6400.$after our divorce I moved in with a person I had been seeing for some time he is now my common law husband ,he is a farmer and unfortunately partly due to his own divorce and subsequent debt has very little income 3yraverage 22,000$ .he does have a home and capital though .my ex never disclosed his 2012 income and in the years after our separation he attempted to underemployhimself and went on EI as much as he could when I finally filed he resumed his lucrative career his income rose substantially up from 70-117 ,ooo$ in 2015 , I started proceedings again in August 2015 due to his no compliance I had no idea of the substatial increases ,I realize I'm likely entitled to support based on his new income but I'm still only asking for one based on his 2012 income which I should have gotten in the first place ,I also want retro active to pay off the debt I incurred to make ends meet . He is trying to punish me still by doing things like avoiding service 6x ,changing lawyers and sadly involving our children .His lawyer was previously disbarred and I'm sure he is telling him all sorts of fantasy outcomes one is he won't have to give me anything !!one provision in the order has that if I was to remarry my support would not change and another was that if I decided to live alone I would be given the proper entitlement on the SSAG .I need advice I tried without success to retain council so now it's getting very scary first about my opening letter ,second the trial record should it go back to the begging or just to the start of this motion .also I already filed a book with all my pleadings case law and evidence which took forever now it appeared that he wants me to do another one although I don't know if he ever even looked at the first other than a new opening letter a new one will be exactly the same ,I don't mind preparing one for the jugge again but I don't want to do it for the other side I haven had support paid for 2months and have no money to waste if I don't need to ,duty council can not help and admitted she had no idea what to do ,can I get the one filed in the court bacteria or can it be used in trial ,I mentioned that all my evidence was already filed and the originals where in the book so he responded that I can copy the pages ,the court charges 1$ per page lol ,I'm not really worried about my rights just presenting them correctly I know from spending months on CanLii that I'm entitled to more support and I hope I won't be held to pay costs when I was forced to return because of his default of the terms and because I will give another offer to settle ,this time I will email it si his council can not lie and say he did not get it ,thank you for any productive suggestions
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Old 10-22-2016, 08:10 PM
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paragraphs, shorter etc..
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Old 10-22-2016, 10:30 PM
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I'm sorry, I can't follow that at all. The only advice I can give you is to be sure not to self-represent because no judge is going to be able to follow your details, and be prepared for high legal fees because it's going to take a lawyer a long time to detangle your words into a case.

Can you summarize with a point form chronological account of your marriage and separation and court appearances, then tell us exactly what you hope to accomplish?
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Old 10-23-2016, 12:18 AM
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You just wrote your entire case in one looooong sentence.

Write each point paragraph by paragraph and number the paragraphs


What date was the original order made

What does the order say about child support and based on what income was it

What is the new salary of the support payer

Are custody and access in dispute?

Have you made a formal offer to settle and faxed it to the lawyer or sent with registered mail with fax confirmation or mail delivery confirmation? Have you filed it with the court and filed an affidavit of service? The lawyers will always lie about not receiving documents and is a little disturbing thing in Canada for our lawyers to play dirty tricks or to play games in the first place

I suggest you take a couple days off and just sit in court and watch. Appearances and trials


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Old 10-23-2016, 04:27 PM
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Hi I did make an offer to settle but of course his Lawyer didn't get it .The judge told me to to make a summary of facts ,relief wanted and why I feel I deserve it .I realize things need to be condensed and I will have an educated friend re write it for me ,I'm dyslectic . The previous posters comment to NOT self represent is a bit obvious ,it was not a choice I had to make .I suspect his Honour is not impressed that council has made so many adjournments and neglected to file anything on time ,he actually handed the Judge and myself the documents that should have been filed and served days before in the court room ! Also his lying about why he missed the date for the 2nd cc ,(which I had an email from him personally confirming it did )not go un noticed .I will defiantly fax the next offer to settle but I am a bit confused as to whether it is to be included with the brief that I will file with the court ,I had thought that it was not something the Judge would see until after his decision .I doubt I will be able to get any information from anyone at the courthouse about re- serving all of the pleadings ,evidence and case law it seems that no one actually knows what to do .Duty council admitted that she herself had no idea about any trial related issues and the one duty council who perhaps could answer questions won't be in until Oct 31 after some things are required to be filed .The Judge had initially thought we would have to wait until the May sitting for a trial but unexpectedly told us they where going to squeeze us in for November .I have to wonder if he actually has read some of my submissions and realizes the urgency .There are not children or property involved so it basically is about support and another undisclosed RRSP .My Ex defaulted on almost all the provisions of the original order leaving me no choice but to return so again as the previous poster suggested I hope I will not be accountable for costs ,all the delays are a result of my ex changing council and his new councils lack of following the rules .Besides that I'm not sure how anyone can justify costs to a sick woman who only has an income of 14,000$ a year forced to litigate against an ex making in excess of 100,000$! It just does not say justice at all to me . Thank you for your constructive and kind help ,I thought these forums where a place for support but it would appear some people can only provide negative comments and sarcasm .I actually have faith in the decency of some people and although my lack of education lend to my thoughts appearing scattered I will be presenting most of my case orally as the wise Justice suggested .I can't possibly come out of this any worse off than I already am and frankly there is no time left now to do anything and no money so I guess I will just avoid these forums ,do my best ,and pray ...
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Old 10-23-2016, 10:50 PM
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As a forum service, I will summarize Paula's post in bulllets:

Section 1: About Paula

1) Paula is Dyslexic
2) Paula makes $14,000 a year
3) Paula is sick

Section 2: About the ex

1) Dirtbag
2) Makes $100,000 a year
3) Has a lawyer who does not follow the court timelines very well

Section 3: About lawyers and judges

1) Even though Paula has no kids, she thinks her case might be urgent because it was set down for November instead of May
2) Duty council doesn't know anything

Section 4: About the forum

1) Forum sucks because you told her to write in paragraphs and get a lawyer.
2) She can't write paragraphs because she is dyslexic
3) She can't get a lawyer because she makes $14,000 a year
4) She is offended that #2 and #3 were not obvious
5) Paula is going to ignore the forum and pray. Hopefully God takes her side.

Section 5: Actual questions

1) What has to be re-served in anticipation of the trial?
2) Does the offer to settle need to be included in the brief?
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Old 10-24-2016, 04:07 AM
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Janus deserves an award for the best "just the facts" reply in the internet forum world
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Old 10-24-2016, 04:07 AM
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Janus, you made me smile. Very refreshing with the topics at hand
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Old 10-24-2016, 10:39 AM
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Thank you Janus
I will try to clarify some things for you
Section 2
3) not only does this formerly disbarred lawyer not follow timelines or rules he sent me a very inappropriate email stating my daughter said it was the opinion of the family I was doing this for pure greed !
I was directed by another Judge to include it in the file ,I did .
This email caused my child a great deal of upset as this is not true and just some garbage comment from my EX .

Section 3 about lawyers and Judges
1) I agree that all issues involving children should take priority ,but my assumption came from the fact that the file contains a letter from my Dr stating the urgency of getting this situation resolved as it has already been over a year since I returned to court and 3 years from the date of the original order that my Ex is in default of most of the provisions .
1)also the file contains 2police reports ,my safety in my current living situation has been compromised by my current partners Ex

2) I do not have the opinion that duty council know nothing ,that is both ignorant and absurd .I could not have done anything without the help of duty council ,FLIC staff and various clerks .The duty council told me herself that she did not have any knowledge about conducting a trial and had never done so .

4) I do not recall saying the forum sucked !
Divorce and court are extremely stressful I do not think it is productive to make negative comments nor comment at all if you can not understand the posters message .Kind and constructive critics' is always welcome ,little digs about someone's inadequate post serve no purpose ,and only contribute to the distress they are already feeling ,I personally feel the forums should be used to contribute in a positive way !

5) the actual questions have been answered

I still have faith that justice will prevail despite my inadequate self representation ,It could be once again a case where I am woefully wrong I did believe my Exs promises to help his sick wife and look where that got me .
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Old 10-24-2016, 10:51 AM
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Quote:
Originally Posted by Paulamichelle View Post
.There are not children or property involved so it basically is about support and another undisclosed RRSP .

Quote:
Originally Posted by Paulamichelle View Post
sent me a very inappropriate email stating my daughter said it was the opinion of the family I was doing this for pure greed !
1) I agree that all issues involving children should take priority
1. Are there children involved or are there no children involved?

2. what is the current custody/access arrangement? Are these in dispute?

3. What are you going to trial for? Custody? Access? Child Support? Property? Spousal Support?

4. Have you served and filed a formal offer to settle?


Please answer the questions in one to two SHORT sentences. Avoid ranting on and stating opinions. Stick to the facts and keep your answers short, very short. That will help you in trial as well.
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