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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 02-22-2006, 07:14 PM
FPI FPI is offline
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Default Wasted time and money

Well I went om my first Case Conference today, and didn't even walk in the court. My lawyer and mt ex's spoke for about 3.5 hour. Still no change, her lawyer wants to question me, want's to talk to my employer about my salary and any overtime I get and whether i take the O.T as comp time or pay, wants to get further disclosure and so on. My ex told me she wants $160,000.00 plus spousal support, child support and soul custody. She wouldn't move a single inch. I'm lost now, I signed an agreement my lawyer wrote up allowing them to question me.
She plans to meet with me next week to draw up yet another financial statement. This i due to my seperation date and my ex being different. I claim we were living upart put under the same roof for 1 year before she actully moved out.
I know this will get pretty expensive now. I still have not been paying spousal support for the last year. Her lawyer has not made any motion for me to start paying it. How those the law work? should I start paying spousal. I'm sure our next Case Conferece won't be or another 3 month's or so. Were hoping my ex will get a job by than. But i don't think she will. She simply wants to live off me. What should I do?
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Old 02-22-2006, 07:55 PM
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Sorry to hear that you couldn't reach a settlement. Did the lawyer's talk to the Judge without you? Definitely sounds to me like your spouse has dug her heals in and your looking at litigating through the court system. This will be very costly both financial and emotionally.

I wouldn't pay any spousal support until it is court ordered or mutually agreed upon through a separation agreement.
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Old 02-22-2006, 08:21 PM
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FBI,

http://www.ottawadivorce.com/forum/s...ht=discoveries

Just a warning, read the above thread about discoveries. From my personal experience it was not pleasant or even civil. Better to go in prepared than walk out a complete emotional wreak.
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Old 02-23-2006, 06:53 PM
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thanks Gravce, I know this is going to get very expensive now. I'm not sure what my next move will be. I am really getting stressed out about this. I'm most likely will lose my job since I just can't concentrate anymore. I'm an emotional wreck and I haven't even began to pay her anything as of yet other than child support. I've been sitting on all my funds for the last year, she won't take what I'm offering her. Her lawyer wants further disclosure. I don't know how much longer I will last.
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Old 02-23-2006, 07:42 PM
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Hang in there FBI. Isn't your ex using Legal Aid? I believe there is a ceiling to what they will pay for in legal fees. I suggest you give her lawyer full disclosure. I've had to get disclosure from my ex through the courts and it is very costly and you will most likely pay for her court costs if its over disclosure. Her next move will likely be a motion for spousal support. Did the lawyers get permission to do this at the Case Conference?
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Old 02-23-2006, 08:45 PM
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FPI,

Co-operate fully for the discovery. It is illegal to hide anything financial from them in regards to assets and income.

My understanding is that overtime occurs generally at the last minute. No one will predict when and if it will occur. I hardly think any employer will guarantee a number of overtime work hours. Seems like they are attempting to boost up your salary for support purposes. If your salary fluctuates from year to year the can determine and average amount by taking line 150 of the last 3 years income tax years to determine an average income.

I also believe that discovery is a two way street. You can do you own discovery by serving upon your ex form "FLR 22 Request to admit" which can be found here at this link. Your ex would have 20 days from being served this document to Respond. A copy of the court form can be found here at this link.

http://www.ontariocourts.on.ca/famil...ms/pdf/22A.pdf

Just another comment in regards to their claim. If you have made a reasonable offer to them and they have refused, consideration of costs and the offer to settle would come to play. If the courts order a similar quantum, as your offer, they may be ordered to pay your costs for defending the claim.

The ball is in their court. If a case conference was held on the substantiative issues, then the next step is a motion by them. The discovery process may just be to wear you down and give them what they are asking. It seems to me that they are NOT at all too confident in what they are asking for in their claim.



LV

Last edited by logicalvelocity; 02-23-2006 at 08:52 PM.
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Old 02-23-2006, 09:54 PM
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LV,

I thought the purpose of the Request to Admit, was to narrow the issues for trial, thereby shortening the length. i.e. having both parties agree to what is fact during the trial phase.

I don't think it is used for the purpose of asking for disclosure. Correct me if I'm wrong. I'm always learning something new on the legal front by reading your posts.
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Old 02-24-2006, 12:12 AM
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Grace,

You are right but it is also is a useful tool for discovery! It costs very little to administer this tool. The nice thing about this tool is that it has to filed into the continuing record along with the response within 20 days. If the responding party fails to respond, the court may strike their future pleadings or for that matter they may not be allowed to file motions etc.

In all, it depends what is asked on the form. The other party has a obligation to respond in a full and open response. If they refuse to do so, the court will want to know why. ie: such as some information may be subject to legal privilege etc. The court may rule that it is not so.

LV
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Old 02-24-2006, 12:11 PM
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Thanks, Grace. As for my ex's lawyer, she is not getting legal aid. Some how she is paying for this guy, I don't know how.
In the Case Conference my lawyer and her lawyer spoke without going in front of the judge. There was another Case Conference scheduled for the exact same hour, so we choose to negotiate outside. Three hours were wasted. Her lawyer asked for complete disclosure and consents from me to write my employer regarding my pay and overtime.
I have been trying to base my separation date on December 2003, however, she left march 2005. We were living apart for several years before she left. I have supplied them with my financials for 2003, now they want 2005.
All my lawyer did was hand write this consent and had me sign it, the clerk than took it up to the judge which was in her chamber, signed it, and it was giving back to my lawyer. I'm still wondering if that was considered a Case Conference since I didn't go in front of a judge or for that matter ask for any motions.
Dose this mean my ex can get a motion for spousal support now, My understanding is I will be integrated within the next few weeks, and than another case conference will be held.
Is this normal procedure of a Case Conference. I just felt nothing really happened other than my ex’s Lawyer getting what he asked for without even going in front of a judge.
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Old 02-25-2006, 10:02 PM
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FBI,

As a support payer you are obligated to give disclosure on an ongoing basis, at the request of the recipient. This is why they would be asking for 2005 financial information. I think you will need to attend another case conference for her to get permission from the Judge to move forward to a spousal support motion. Court proceedings are very costly. You have had to pay your lawyers to attend for 3 hours, little came out of this. You will now have to pay for another case conference, and motion unless you can find a way to negotiate with your ex. Have you tried mediation yet?
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