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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-23-2012, 10:02 AM
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Default Can I have help to Vet this letter to Other Side's laywer please

NOTES Re : This letter. My thought is to send this out to his lawyer as my final attempt before doing an “OFFER TO SETTLE” and to set up a date for a motion. Is that the correct thought process ?
I don’t have a lawyer, I can’t afford one, and so am doing this on my own. Any help in vetting this letter,(it might be verbose) which I would like to send out today would be appreciated. Sometimes another set of eyes (or more) can see things I cannot and also “constructive criticism” is appreciated. Much appreciated.
Here it is :-

First : Do I write "WITH PREJUDICE" seeing that the next step will be going to a motion with an Offer to Settle ??


This letter serves to follow up my letter of ______ requesting you speak with your client Mr. ___ about my offer to go through mediation as a means of settling the outstanding financial issues. I requested a response by September 21st, 2012.
It is over a month now, and to date, I have not heard from either you or your client regarding my offer. Based on this it as well as per my contact with (Mediation company), it is be my understanding that your client does not wish to go through mediation.
I am therefore writing to you today, to ask you to work on behalf of your client (or should I say “with your client?” )to resolve the following outstanding financial items without going through litigation. I request the following information be sent to me by November 6th, 2012.
1. FULL DISCLOSURE OF HIS NOTICE OF ASSESSMENTS AND FINANCIAL STATEMENTS FOR 2009, 2010 and 2011
The above mentioned documents are required to calculate proportionate to our respective income for the years 2009, 2010 and 2011 for Section 7 Expenses as well as child support and spousal support. There have been numerous prior requests from my former lawyer ____to ask for these to be given to us. To date there has been no response.

Your client has copies of my Notice of Assessments for 2009-2011 in previous correspondences .

2. SECTION 7 EXPENSES – a) VARIOUS ITEMS
During the (date) Case Conference, your client Mr.X advised Justice Y that he consented to these expenses and would be willing to pay for them. To date the Section 7 expenses total $ XXX The court order dated _____states that “payment is to be received each time the section 7 expense was incurred, upon receipt of invoices”. Mr. X was sent all copies with a request for him to pay his portion of the expenses. He has to date refused to respond to any of my requests to do so.
Based on Mr. X’s 2009 stated income at $$$$– his proportionate share is 86% of all Section 7 Expenses.
Please find attached the Table of Expenses by the year.
SECTION 7 EXPENSE – b) HERITAGE EDUCATION FUND
a) Our daughter, Ms. A’s, Registered Education Savings Plan has an outstanding owed amount of $$$$ as of DATE, 2012 that has to be paid to bring it up to date. Mr. Xs proportionate rate based on his one and only Financial Statement of 2009 will be $(based on 86%)
b) This is an urgent matter which needs immediate attention as advised in previous correspondence from (my former lawyer’s name) . If not dealt with by March 2013, Ms. A, our daughter will stand to lose all the monies invested for her future education, as well as government grants. The RESP is for Ms. A’s Education for which we both entered into a contract with Heritage on DATE, 2002 . This is part of the Section 7 Expenses he has agred to.
c) Moving forward, after this amount is brought up to date , we will discuss the option on how to continue with the ongoing payment of the RESP for Ms.A’s Education based on our proportionate income.

3. MONIES OWED TO Ms. A’s(DAUGHTER’S) PERSONAL SAVINGS ACCOUNT BY Mr. X__
Default in Bank of Montreal Personal Loan Payment by Mr. X
On DATE,2012 , (my former lawyer) notified you that $ $$$ was deducted from both our daughter’s and my bank accounts. Your client defaulted on the joint Personal loan that he had agreed to pay and the BANK NAME went into both our daughters and my personal accounts of this. This was not the first time. In addition to the letter addressing this ,dated ___ Ms. (name of my former lawyer) sent you, Mr. X was also advised of this via emails by myself and was requested to refund Ms. A’s (DAUGHTER) her money as well as mine, but he has to date refused to respond or to make the necessary repayment.

Please direct Mr. X to do the following :-
1) Write a $ XXX cheque (plus interest) made payable to “Daughter’s name” to reimburse the money he owes her immediately.
2) Write a $ XXX cheque (plus interest)made payable to “my name” to reimburse me for the money he owes me.

4. SPOUSAL & CHILD SUPPORT
Mr. X is still not paying his child support on a monthly or timely basis and is causing financial strain on me. It is due the 1st of the month. Please direct him to do so. As mentioned in previous correspondences from my former lawyer (Ms Laywer’s name) I am also in need of spousal support. Once again, we would need the Notice of Assessments for the periods 2009, 2010 and 2011 to calculate the amounts to calculate both Child and Spousal Support amounts.

5. PENSION VALUATION - My letter dated _____
Please refer to endorsement from Justice ___ for the division at source of Mr. X’s Pension which he had agreed to. I have provided you with all necessary documentation as requested by you to process the paperwork.

Please advise the status of the Pension Plan which is to be divided at source per your client, Mr. X’s consent.

6. VALUATION OF MATRIMONIAL ASSETS & NET EQUALIZATION
This still needs to be addressed.

I am asking that you provide me with the required information by (giving 2 weeks)

Last edited by E-Gal; 10-23-2012 at 10:04 AM. Reason: addition to my letter
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Old 10-23-2012, 02:34 PM
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Quote:
Originally Posted by E-Gal View Post
...
Here is what I propose. Again, I am not a lawyer and this is just random monkey's bashing rocks into a keyboard advice. As you probably have made a formal request for the documentation in the last correspondence for which went unaddressed here is what I recommend the letter should read as:

Lawyer's Address and Name goes here

Day, Month, Year

Your name and address goes here

SENT BY FAX (OR EMAIL OR SERVICE PROVIDER – PICK ONE METHOD OF DELIVERY)

WITH PREJUDICE

RE: Outstanding Financial Issues

Dear Laywer's Name:

Firstly, thank you for reviewing this correspondence and the time you have spent with regards to these matters past, present and future. This correspondence is being sent with regard to the correspondence sent to your office on day, month, year, via facsimile (regular post, identify the way it was sent) to your office.

Please find attached to this correspondence and marked as Schedule “A” to this correspondence a true copy of the above mentioned correspondence for you and your client’s reference.

As I have not received a response to my correspondence attached as Schedule “A” I kindly request that you solicit your client’s position about possibly attending mediation to resolve the outstanding financial issues and provide me your client’s response by September Day, year by noon.

Your client’s full and frank financial disclosure is currently outstanding as required by Rule 13 of the Family Law Rules. I currently do not have enough information for a full understanding of your client’s financial circumstances to assist me in making a comprehensive Offer to Settle in accordance with Rule 18 of the Family Law Rules.

I kindly ask that you forthwith forward me the additional outstanding financial information in accordance with r.13(11)(a) of the Family Law Rules. This correspondence is being sent in compliance with Rule 20 of the Family Law Rules and I kindly ask that you have your client comply with the Family Law Rules so I do not have to bring a motion and ask for an order requiring your client to provide this full and frank financial disclosure in accordance with r.13(11)(b) of the Family Law Rules.

I trust that you will discuss this matter with your client, your client's obligation to satisfy Rule 13 with regards to financial disclosure and solicit your client’s position regarding the outstanding financial disclosures so a negotiated settlement to these matters can be achieved without the assistance of the court.

Thank-you for your time and consideration of this correspondence and I look forward to you and your client’s response.

Yours very truly,
Your name

Incl. Schedule “A” – Letter dated Day, Month, Year
  #3 (permalink)  
Old 10-23-2012, 04:14 PM
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Furthermore, instead of re-stating materials you have already served on the other party's solicitor of record and recanting the request. Simply attach it as a schedule. I noted that you address several letters. Just attach them as schedules to the correspondence and the date they were sent. Don't recant it all. The other letters if clearly written should stand on their own.

PS: The reason you actually do this is if the other party attempt to leverage the most recent correspondence as evidence in an affidavit, they have to technically in accordance with the Rules attach the schedules attached to the letter. Also, often it makes your Application and affidavit easy to write because you just reference the content of the letters rather than re-hashing it all into an affidavit and attach the letter.
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