Costs awarded

[hadenough]

The Judge has finally ruled on costs after 3 months. Only now can the final order for CS and SS go to the FRO. Ex's lawyer was looking for "discounted costs" citing my "behavior" during the Litigation. What a load of bull. I was pissed when I saw his allegations in his "response to costs" but it's ok, as the Judge has noted in this final ruling on Costs that there is no evidence of my behaving badly or inappropriately during the litigation or at Trial. My lawyer had submitted a formal offer to settle 4 days before trial. Apparently, for Trial - it should be submitted at least 7 days prior to Trial if one seeks to get "full costs".

So speaking of behavior (also noted in Costs order): ex was "evasive, untruthful and misleading" throughout trial. That right there should have a monetary penalty attached to it. But once again, he got off rather easily. So in the end, ex is ordered to pay my lawyer (its worded as though its payable to me personally) $16,000 and he has 6 months in which to pay it in. Too bad FRO can't enforce that as well. He is NOT going to pay it, I just know it. Which has me wondering, am I then eventually going to be on the hook for it? I'm not sure what measures a lawyer can take to get the monies owed (from him) and the regular methods won't apply as fabulous ex has nothing in his name. Sure, he has cars and a house but they are in his wife's name. I think it should be deemed to be the matrimonial home (b/c that's what it is, and she doesn't work so he's paying for it) and then that way a lien or writ could be executed against it to secure the money owed.

So for me, its a big relief that this can now proceed to FRO and it's great to get awarded "costs" but I really don't think he's going to cough it up. Everything is a long drawn out battle with him. Just as he is short paying the CS and totally ignoring the SS portion of the order. He could pay it. He just chooses not to. On a final note, I must say once again that there ought to be more of a consequence for ppl who waste the court's time (and everybody's) by proceeding to trial, lying their faces off and just piling up more debt and damage clear across the board.

[amazedbyitall]

how did you incurred 16000$ in fees , wow - I would love to hear how it came to that

[hadenough]

Pre-trial and Trial @$300+ per hour including travel time adds up fast. A 2-3 day trial can be upwards of 25g. If ex had agreed to settle (which he did not) he wouldn't be looking at such a massive legal bill. His own lawyer's and mine. The judges typically rule on costs based on the successful party's cost submissions, the "response" to costs from the other side - and then the judge looks at some case law reference and cites certain cases in the final ruling. The original costs submitted were approx 35k. Yes, it adds up fast. Lucky thing for the ex that our courts don't penalize (monetarily) for lying. If they did, he'd be ordered to pay the full ticket price.

[hadenough]

Okay, so my side (me/my lawyer) were awarded costs. Respondent X was ordered to pay xx,000 dollars to my lawyer within 6 months of the date of the final ruling on costs (made in Jan/2012). So today I get a bill from my lawyer and it states he's shown/included "consideration" for the costs award which was ie; 16g. The bill however says total amount owed, "19,000" - so is this supposed to be what I personally owe? My lawyer sure knows I don't have that dough ray me. Is it usual for a lawyer to send a bill to his/her client that includes in the sum total, the costs that were awarded to him/her by the other party??? I almost barfed when I opened this pc of mail! Anyone been down this road? Our matter went to trial. There was a reserved judgment. Finally got it. Then cost submissions and OP's lawyers "response" to cost submissions and then finally the Judge's Final Ruling on costs, based on the costs submissions made. Thx!

[standing on the sidelines]

you retained the lawyer so i am thinking that if the ex doesnt pay then your lawyer will come after you, not sure though. You said it was worded that so that your ex has to pay you even though its to your lawyer. So it makes it look like you are the go between.

The lawyer wants his money and wont care who pays. He can tell you that you have to pay and then you get it out of your ex because that is the way it was worded.

As for your ex and his new wifes house. You do not know what the financial agreement is there nor do you know if they have a legal agreement that he forfits all claims against the house or whatever.

talk to the office assistant today and see what they say in regards to the bill. That way it either eases your mind for the weekend or gives you a chance to start thinking how to collect the money.

[Tayken]

Originally Posted by standing on the sidelines

you retained the lawyer so i am thinking that if the ex doesnt pay then your lawyer will come after you, not sure though. You said it was worded that so that your ex has to pay you even though its to your lawyer. So it makes it look like you are the go between.

The lawyer wants his money and wont care who pays. He can tell you that you have to pay and then you get it out of your ex because that is the way it was worded.

As for your ex and his new wifes house. You do not know what the financial agreement is there nor do you know if they have a legal agreement that he forfits all claims against the house or whatever.

talk to the office assistant today and see what they say in regards to the bill. That way it either eases your mind for the weekend or gives you a chance to start thinking how to collect the money.

I tend to agree. They should have attached the costs to any assets on equalization if there were any.

Good Luck!
Tayken