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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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  #1 (permalink)  
Old 07-31-2006, 10:36 PM
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Default Trial Management Over but no Orders

Well first I wish to thank this forum for all the help an incredible support from LogicalVelocity.

My Trial Management Conference is over: the judge was very good but late for an emergency dental appointment so he made it brief.

Performance Rating
Judge said my brief summary was excellently prepared and that I represented myself emminently and considers me to be intelligent enough to represent myself especially if I remain as objective as I was at the TMC. However he recommended that I should obtain counsel, I advised him of my financial situation as bleak

Support:

Judge Acknowledged impact(physical,emotional,financial) of spouses departure as a good point but looked at last years income in ascertaining if support might be warranted. (re Leskun Supreme Court Ruling)

He would not issue Orders for Full and Frank Disclosure, Financial Examination( other counsel would not grant it) as requested.

They claim that they would like to settle but we are so far apart.Nor would the Judge acknowledge that I am paying insurance for the Applicants vehicle.

Would not offset because I am looking after son trying to get his masters and felt that since the youngest child moved out No child support would be required and was a non-issue.However he commended me on doing the right thing.

NFP

Will review this form again and try to fine tune.
They really want half my pension

Also

Court date will be set next Friday.

Can I still request an order for any of things
Note other party wants Spring court date
I am eligible for retirement. If she gets hafl my pension I will be takuing home half of what she earns next year. How can I use this to bargain for leverage.

Can I still request financial examination (Judge more or less said this guy can go any time and therefore a financial examination would not be warranted, nor Full and Frank Disclosure)

Tough to fight a battle when the rules aren't followed.

PS ex was not there, Lawyers son took his place because he was on vacation


Thanks, any tips or advice would be appreciated.

Thanks
Mcbroke (but greatly appreciative)
  #2 (permalink)  
Old 08-01-2006, 06:54 PM
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Default More info and questions

Other lawyer called up and wants court date for November. I have no more holidays available for this year and could possibly lose my job if I skipped work for that week and I will not have the necessary funds to go to court. We have to go before a judge to detemine availability, the new year is the earliest.

Question: I stayed in the home after the ex lived there, the other lawyer mentioned occupancy cost if I laid claim to utilities etc. Are property taxes part of that.

Question: I have revised my NFP and figure I owe about $20,000 but don't have money to pay it. How do I work this out?

If my pay was 30000 gross and her's 45000 Would I be able to claim spousal support?


Thanks everyone,

Mcbroke (but tried my best)
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Old 08-01-2006, 07:19 PM
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Mcbroke,

It is difficult to determine how a Judge would rule, but it appears you have some insight on the matter.

The Judge did make a good point. The individual could skip at any time. (less than 3 years cohabitation.)

Since the Judge did not acknowledge that you are paying your ex's insurance, why continue to do so. If this insurance amount was funneled directly to her as a periodic payment as spousal support, at least you could get the tax write off.

You can bring forth a motion at any time in case management, even during the trial.

I am not clear in what you mentioned,

Quote:
They really want half my pension
Was this asset not already equalized? Is she looking for a periodic payment or lump sum in the form of spousal support. For taxation purposes, it is better if a periodic payment to prevail.

Quote:
If my pay was 30000 gross and her's 45000 Would I be able to claim spousal support?
I am not clear. She makes more money than you already and she is claiming spousal support?

or are you referring that your income will be reduced significantly when you retire and your income will be the quoted amounts.

You can request to amend your pleadings, but I suspect the other party would not allow same. Your only recourse then would to bring forth a motion to amend your claim to include a claim for spousal support. You would have to be successful on your motion before the pleadings could be changed.

see this case on amending family law pleadings

Stefureak v. Chambers (No. 3)

http://www.canlii.org/on/cas/onsc/20...onsc13850.html

Quote:
Question: I have revised my NFP and figure I owe about $20,000 but don't have money to pay it. How do I work this out?
perhaps apply for a loan, line of credit, secured line of credit on property etc.

Perhaps your could hold them off till the spring when you retire and use your severance package?

lv
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Old 08-01-2006, 11:15 PM
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Default Hi LV and thank you

Sorry LV about the confusion,

My Pension is the only thing on my side that tips the balance, as it is included in my NFP. I only have debt, no liquidity, no real asset (car is leased, house has hi mortgage due to low down. The ex has liquidity and secured debt. With all diffences being taken into account half the difference is 20,000 . My pension is my only asset and non-cashable, cannot be used as collateral so therefore I have nothing to use to pay anyone. I have no credit because of the high unsecured debt load and already negative on my monthly balance sheet.
I won't get a lump sum on my pension, it is transferred into an annuity when I retire. That creates my pension.

I currently make $56000 She with benefits $45000
If I retire next year I will get approx $31800/ year
If she gets a portion of it it will reduce it by 10% therefore $28800 half of what I am making now.

This will be May of next year. If they award her support, based on my current wage I will be forced into bankruptcy and probably lose my home. Then the ex would get a larger sum of my pension. If they award them costs That's it for me.

No job because of health, No money and no place to live.A downward spiral if you would. Any amount of alimony awarded would be critical to me. I would lose my car as I drive a 100km a day to work. I am just barely making it, LV

What I see is that she is taking my income as well as my property.

I was only hoping that they would follow the rules or at least the judge would apply them.

Did you say I could still file a motion for an Order for a Financial Examination?and for Full and Frank Disclosure. I'm not really sure how it works.

ANy help or tips

All stressed out and MCbroke aka MCbankrupt
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Old 08-01-2006, 11:52 PM
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Mcbroke,

Your ex's claim is not about spousal support but net equalization. As you mentioned, your pension is the difference.

Most pensions have policies in effect in regard to division on marital breakdown. Have your checked to see if yours has any policy of same. If so, the 20K could be transferred from your pension to a locked in savings vehicle etc of your spouses. You perhaps could work an additional year if your health holds up. I'm not sure of your age but I believe you could collect CPP as earlier as age 60. If you retire on account of health, I believe they CPP will wave the penalty.

I would consult with your human resources department at your employer. Another option is to speak to your banker.

I know Scotiabank has an interesting program in effect called STEP. Basically 90% of equity in your home can be borrowed against and CMHC insure the loan/line of credit. Check this out. http://www.scotiabank.com/cda/conten..._LIDen,00.html

This may be a solution to your needs. Perhaps your current finances could be rearranged. A good starting point is to get your home appraised. You may be surprised. Real estate value is on the rise. Most homes are going up in value 5 to 10% a year now.

lv
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Old 08-02-2006, 01:05 AM
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Default Thanks LV

Hi LV,

She is filing for spousal support and NFP equalization.
My mortgage is 95% of value.
No room in budget for any additional payments. Consolidated loan from marital debt is as low as possible. I have bad credit because of the split and hence no money lender will look at me. Age 51. I hadn't planned on retirement but physically I can't handle it any more. I have deep vein thrombosis/arthritic knee joints so the pain kicks in after about 3 and half hours upright (hence most my night is horizontal).Cannot use prescription painkillers at work or when driving (Morphine based). All this and tring to save up for a medical procedure that is not covered by my medical coverage.

My work gets notified by the court if there is an attachment on my pension, they earmark it and from that point on until I retire the court awards interest.When my guaranteed pension is calculated they include her share in the calculation to bring it up to the guaranteed level so if I were to receive it all I would get 31000, but really I would only get 28,000 . She would get the difference or a lump sum that would satisfy the court.

With this thinking in mind the 3000 decrease in my yearly pension would be like me paying her support even though I am earning less than her when I retire.

I think the weak link in her case is the bf. Is it possible to still file those motions for Orders of Full and Frank Disclosure and Financial Examination. Even though the TMC judge said no. If I can file these motions what if I'm not successful, is there a cost how much might it be?Any tips please,Thank you so much LV.

McBroke
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Old 08-02-2006, 11:56 AM
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Mcbroke,

Why not retire before the matter went to trial and attend to your health. If you income was less than hers, her claim for spousal support I suspect would have no merit.

I would stop paying her insurance. This is seen as a gift. I suspect you won't get any credit for this act and you lose out on the tax credit if this amount was funnelled as spousal support.

You could bring forth a motion at any time for financial disclosure. If unsuccesful costs could be awarded.
See the the article from Blishen J on the subject - 3 parts


lv
Attached Files
File Type: pdf FAMILY LAW COSTS_BLISHEN_part 1.pdf (29.2 KB, 10 views)
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Old 08-02-2006, 11:57 AM
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Default part 2 costs Blishen J. article

part 2 article by Blishen J. - costs
Attached Files
File Type: pdf FAMILY LAW COSTS_BLISHEN_part 2.pdf (31.2 KB, 7 views)
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Old 08-02-2006, 11:58 AM
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Default part 3 article on costs

part 3 article on costs
Attached Files
File Type: pdf FAMILY LAW COSTS_BLISHEN part 3.pdf (26.3 KB, 5 views)
  #10 (permalink)  
Old 08-02-2006, 06:12 PM
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Default Thank you so much LV for everything

Instead of a financial examination, can I just use Queens bench rule 35? Ask her specific questions.... What is the gross income of your partner ? Have you ever received money from your partner to help pay your lawyere retainer or bills?
If I can use bench rule 35 (can you use it Ontario) how do I go about doing it? What form would I use?

also if the ex had access to a store visa for benefits can I ask for those records in court, They are going to put her employer on the stand.

Right after the TMC the other lawyer went in to the court house office to reserve a date We are to appear in court on the 11th .How do I justify a later date. I can't get any more days off I am going to have medical procedures over 6 weeks. Is there a time limit on the date can I schedule in the spring, retiremetn would be right around the corner.


THanks LV
MCBroke
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