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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 07-24-2010, 02:50 AM
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Default Timing of financial claims

So, we thought we were good. Filed everything on time, followed all the rules. Now, days before the case management conference (July 27) we find that my fiance's ex files her own case management brief.

In this she claims she was depressed (no proof), she was under duress (no proof) and claiming spousal support based on his current income., As far as I know, support is based on his income at the date she left (almost 6 years ago).
She is basing support on his 2009 income (she left in 2004) and demanding a pension statemrnt (his union did not start a pension plan until after she left). The only pension he had was his CPP, which she waived splitting in the SA.
She is now claiming a huge settlement, totally inappropriate to his income. Also claiming, without proof, that she is living in poverty, destitute, and that she wass forced to sign the agrrement (none of which she has any proof for).

She is claiming back spousal support, in the amount of over $400,000, based o current income and equalization (which she also waived) of over 40,000. All of this based on financial assumptions and claims of depression and duress which she cannot prove.

Any advice, experience, words of wisdom to share. Anything would be appreciated. Trying to stay strong for my fiance, but feeling the pressure and dealing with it on my own!
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Old 07-24-2010, 02:52 AM
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Should also mention that his lawyer said that spousal support is statute barred after 2 years, meanining 2 years after separation or divorce, not a chance! Kepp your fingers crossed. Basically, she just wants to do nothing and make him pay for it!
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Old 07-24-2010, 07:44 AM
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I think this is a case of asking for the moon. She wants to ask for everything so that her ex will offer her something. To me she doesn't have a snowballs chance in hell. She supported herself for 6 years without spousal so why does she need it now?? That boat has sailed.
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Old 07-24-2010, 08:05 AM
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Did she have independent legal advice when she signed off on the original SA?
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Old 07-24-2010, 09:27 AM
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At the end of the day she will need to prove her claims. Although the process will be drastically slowed down, I also don't think she has a chance.

I have been after my ex-spouse for child support since summer 2009, where I commenced full custody of my kids and she lives 1500 km away. After two no-shows in court and no filing answer/response filing of any type, she faxed the court office a few days before the Uncontested Trial date claiming she was not served. They immediately canceled the court date and contacted me. By the time I explained the situation, the court date was irreversibly gone and a new Case Conference date scheduled for September 2010.

Proof? I have proof of service; she only has her word. But for these courts, her "word" seems to be better than her signatures and my Affidavit!

What a system! But it is all we have.
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Old 07-24-2010, 10:56 AM
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That's a tricky question. The original SA was done by a paralegal, and to the best of my knowledge she did not have ILA. She claims she was told that she couldn't se a lawyer and was not allowed to talk to the paralegal (of course not, he hired them it would have been conflict of interest).

However, because the mortgage needed to be redone in his name, he had to hire a lawyer to take care of that (paralegals are not qualified). His lawyer insisted that she see a lawyer for ILA, and he had to pay for it (we have the bill).

How the court will view this is beyond me!
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Old 07-24-2010, 11:05 AM
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I find it hard to believe that she can claim depression and duress without any proof....she's just trying to get something for nothing.

She claims she can't support herself because she only has grade 10, yet in the next paragraph claims that she gave up career opportunities during the marriage!

Also claims she slept in her car for a year because she had no place to live (total @#$%!) The fact is she wanted out, left the mat home and disappearred for over a month. She was employed part-time at the time, and lost that job in 2007 (her own fault). Now she's jealous that my fiance has moved on and made a life for himself (we met almost 2 years after the split).

She also wants half his pension plan (over and above CPP) which wasn't even in existence when they split. His union started that 2 years ago!

I may be bitter, but I'm hoping the judge will see this for what it is, a lazy, selfish woman who wants someone else to pay for her life!
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Old 07-24-2010, 11:21 AM
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The briefs pretty much go in the garbage after the conference, they are just the agenda for topics of conversation during the conference.

That doesn't mean you shouldn't prepare to respond to her "points", that is what the brief is for. But really, this is just a list of things she wants to bring up in conversation. So have your responses ready, you have already done a good job with your posts here, just write out your point in clear logical order.

The conference judge can't make a final order, they can make an order to something if you both agree to it. That doesn't mean you should treat the situation as trivial, you should be ready to argue all of her points, but also be ready to stand your ground and not agree to any settlement or interim order if the judge believes any of ther claims.

Being depressed is not a sufficient medical condition to render someone incapable of signing a contract. However if the contract is completely one-sided it is an explanation for why they would do a ridiculous thing. If your agreement was reasonable, if all the financial information was complete and accurate, if this is within what a court would have decided according to family law at the time, then just because she was depressed doesn't mean it will be overturned. The key thing you have to argue is that you presented a fair deal according to the law.

If she had ILA then the other lawyer should have signed off on it. If the lawyer didn't, you have a weaker position, but not necessarily a losing position. You have to do your best though.
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Old 07-25-2010, 01:16 AM
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Thanks for your advice, Mess. After all we've been through, it really helps. I will certainly take your advice to heart and try to prepare him. This forum has really helped me to work through this, since I don't want to dump thisa all on him (he's going through enough), Thanks to all of you for letting me dump on you!

I'm hoping that the timing issue works to his advantage. I can't see where she can use her life AFTER she left as an argumwent to her advantage. Since I can't be in there with him, I will work on some notes for him so he can respond to her claims.

Understandably, he's been pretty testy lately, but I unsderatand. Hopefully this will all be over soon.

On the good news front, it is officially the 25th, which means that my divorce is final!

Although mine has been uncontested, with no kids involved, it still feels strange...seems the passage of time doesn't make it any easier.
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