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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 04-03-2017, 08:36 PM
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Default HELP: Can STBX (Respondent) amend pleadings after 4 years for damages ?

Hi Community,

Some of you may remember me as the single dad of 4 children trying to get them back and ended up with all 4 of them living with me full time and the OCL squarely on my side.

some of you may also remember that my matter involved me assaulting my STBX (please don't judge, extenuating circumstances) to which I took full responsibility and for which I was given a discharge.


4 years later from the date of separation, things are now focused on the financial end. In this regard, the STBX's current counsel is looking to amend STBX pleadings claiming all kinds of soft injuries like PTSD and Depression. They are also seeking punitive damages. The amount they are seeking is terrifying and would leave me near with nothing.

I have the following questions:

Can they have the pleadings amended after so long ? It appears that the Limitations Act 2002 applies, as she has had counsel for the past 4 years.

This sounds horrible but my kids witnessed it and know what really happened. Can they be witnesses ?

STBX has found some "expert" willing to support her claim. Of course she is paying him. What can I do about him ?

Any help would be greatly appreciated.

PND
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Old 04-03-2017, 11:38 PM
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haha, no chance in hell.
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Old 04-03-2017, 11:51 PM
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Quote:
Originally Posted by Links17 View Post
haha, no chance in hell.
Hi Link17, do you mean STBX's chances, or mine of avoiding this. Could you please elaborate a bit.

Thanks
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Old 04-04-2017, 10:50 AM
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She has no chance.... Ask yourself - is your ex crazy? If so eerythings deso is creazy
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Old 04-04-2017, 12:47 PM
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Sounds like a tort action/claim. Yes, they can do it.

When should domestic violence victims sue their abusers? - LawNow

http://mpllp.com/uploads/Publication...wQuarterly.pdf

http://familyllb.com/2011/01/01/can-...in-family-law/
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Old 04-05-2017, 09:02 AM
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Default I am so screwed.

Taken, yes, it appears your correct. There appears to be no time limit for domestic assault. I would gladly offer to settle but the claim is stunning. Nuclear. It damages would leave me with nothing.

Here claims are egregious, how do I fight this !? Also, with the recent change in the Limitations Act saying there is no time limit for domestic violence, doesn't this open courts up to a ton of litigation ?
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Old 04-05-2017, 09:13 AM
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I wouldn't worry too much about it. I asked my lawyer about this and he said that it's still very difficult to bring up in family court, costs a ton in legal fees and is reserved for the most heinous of domestic assaults.
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Old 04-05-2017, 09:27 AM
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Quote:
Originally Posted by Stillbreathing View Post
I wouldn't worry too much about it. I asked my lawyer about this and he said that it's still very difficult to bring up in family court, costs a ton in legal fees and is reserved for the most heinous of domestic assaults.
Thanks SB. The children saw what really happened. They are old enough to swear affidavits. Is this a bad idea?
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Old 04-05-2017, 09:30 AM
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Btw , my kids suffered breach of fiduciary care at hands of there mother, by allowing abuse by the maternal grandfather. Can they sue ? I am flailing, I admit
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Old 04-05-2017, 09:54 AM
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This sounds like a situation where you ex wants to exact some sort of payback.

If you assaulted your wife 1 x and were charged and charges were dismissed then I don't see how her claim would stand up.

I seem to recall that your ex is wealthy? Abuse of her position of power/wealth to financially ruin you?

I wonder if a summary judgement would fit?

What sort of documentation has been served on you?
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