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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 10-04-2017, 03:12 PM
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Default Legal aid and ex awarded costs in exceeds of 11k

Ex used legal aid and the bill ran to 11k.
She was awarded costs on this ,I was self repped.
I am on pension ,she got a split and ongoing spousal support.
I still have both my kids living with me full time while in college ,no cs ,ongoing basis from judge .
Just received a bill saying I owe them 11 k and they want a payment .
Literally don't have any money ,is this insane .
What do you do when you just don't have the money and plus I owe her 7 k in equalization ,which I don't have .
Literally banging my head on the walls and giving up .
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Old 10-04-2017, 06:34 PM
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maintenance enforcement agencies can and will garnishee up to 50% of your pension (CPP & OAS) as well as all sorts of other nasty collection. You might have to get a job and/or make an arrangement with FRO/MEP.
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Old 10-04-2017, 07:55 PM
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Even though she is getting half my pension now ,they can garnishee my half to the point that my kids won't have a house to live in .
I find that hard to believe .no offence on your advice .
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Old 10-04-2017, 08:40 PM
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Well your kids may have to get jobs and contribute to the household - I believe they are over 20 correct?

You will likely be looking at a major lifestyle change (disposing of home and moving to a much smaller, more affordable, place).

My advice to you is to reduce your standard of living immediately. Perhaps a paying room mate?
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Old 10-04-2017, 09:02 PM
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Quote:
Originally Posted by lplp View Post
Even though she is getting half my pension now ,they can garnishee my half to the point that my kids won't have a house to live in .
I find that hard to believe .no offence on your advice .


Once she gets half your pension it is no longer yours... that's all equalization. You have a costs award against you, you don't have a choice but to pay it, unless you can argue the judge made a mistake and have it overturned but that's unlikely. If she files with FRO/MEP they won't care that you have to live in a basement apartment... they are there to enforce a court order.


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Old 10-04-2017, 10:43 PM
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I think we're talking about 2 different pensions perhaps? You have a work pension and CPP/OAS. Presumably your ex gets 1/2 of your work pension correct? Please correct me if I am wrong.
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Old 10-11-2017, 10:37 AM
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Yes she gets my work pension plus spousal support,i dont get child suport paid to me ,not sure why judge didnt put that into it ,
,
I received papers from the legal aid after i emailed them saying i am claiming financial hardship,they want my bank statements,income tax and they will deicide,this blows me away how you can get legal aid and run up a tab for no reason in that excess ,and make the parent that is looking after the kids pay,knowing that the judge new my circumastances,too much power .
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Old 10-11-2017, 11:01 AM
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Quote:
Originally Posted by lplp View Post
Yes she gets my work pension plus spousal support,i dont get child suport paid to me ,not sure why judge didnt put that into it ,
,
I received papers from the legal aid after i emailed them saying i am claiming financial hardship,they want my bank statements,income tax and they will deicide,this blows me away how you can get legal aid and run up a tab for no reason in that excess ,and make the parent that is looking after the kids pay,knowing that the judge new my circumastances,too much power .
give them what they want and see if you can work with them. Do not get all emotional with them about it. They really dont care about you not getting CS etc, all they care about is recovering some of the money that was paid out. Who knows they may be willing to accept a lesser amount with reasonable payments.

I am not sure if you could claim bankruptcy to get the cost award wiped out. Maybe something to look into but only as a last resort.
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Old 10-11-2017, 11:05 AM
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I cant claim bankruptcy,as i own my house,trying to work with them but just find it rude ,i do only live on my pension which is not much now,i can afford my mortgage and pay bills but that is it, i have 2 options ,one to sell house and go nowhere and the kids have no place to live either or see about a equity loan which i am finding out about ,not good credit after this divorce ,and during.
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Old 10-11-2017, 11:43 AM
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maybe its time to sell the house and rent an apartment somewhere or ask your kid to help out with the bills. They can go to college and work part time, lots of kid do it and in fact some work full time and go to school on top of it.

you said you couldn't work due to a back injury so I am sure that even the normal property maintenance must be harder for you. Easier on your health and pocket to downsize. You may have to move to another area where the rent is cheaper.

You have many options, it all depends on how desperate you are.
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