Lost motion to Perkins

[Alentia]

Here I am, 2 days after Motion trying to put my head back...

I have lost motion:

1. She was seeking Temp. SS of more what was already ordered
2. I was seeking to strike her pleadings for not complying with Court Orders for disclosures and filing false information in FS and affidavit. I was seeking to recalculate my income as median for the past 3 years (2005 - $4K, 2006 - $16K, 2007 - $77K)

Result:

1. Perkins calculated my income as company income, even imputed me GST I collect and pay on behalf of the Goverment, under advisement of EXs Lawyer.
2. EXs lawyer lied that he didn't recieve company expenses calculations, Perkins accepted it. It wasn't even in the affidavit.
3. Perkins ignored that our son (living with me) needs special education in private school and didn't account for $10K a year I pay for his education. "You may want to send him to regular school" he remarked.
4. Ignored my T4 showing $77K income
5. Said that disclosure missing is insignificant, even though there are like 20 documents she failed to provide under 2 court orders.
6. Totally ignored her filing false information in FS and Affidavit.
7. Awarded her costs

Stupid me:

1. Didn't bring to court CRA notice of Assessment for 2007, only T4
2. Didn't bring Corporate expense reports disclosed to other party lawyer

Worst thing to happen:

1. Now my son is running to his mom for money, since I can't even afford to give him his allowances and lunch money anymore.
2. I can no longer afford private school and if he moves to public, he will join his smoking/drinking and marijuana buddies, what he was doing during the summer while staying with his mom.
3. She buys him expensive clothes with my money, something I can't afford
4. She buys him anything he wants and bringing him to restaurants every second day even before this huge temp. support order (Perkins ignored that as well).
5. I am afraid he is going to get alienated from me. She simply will buy him and that what she is already doing.
6. She has undisclosed income, but ignored by Perkins (hard to prove).

I have SC coming in Nov, can someone please answer:

1. Can I present my Company Taxes Filed, Financial Statements, CRA assessment and ask judge to re-calculate SS at Settlement Conference?
2. Can I appeal Perkins order?
3. Any advise?

[roxy3978]

I admire you--not many men are up for this sort of challenge...you can always appeal Perkins...it costs money. My recommendation? Get a really good lawyer. It will cost you, but it will benefit you during the appeal. Only use this second lawyer for the appeal. I did the same thing with certain financial issues in my proceeding...it really helped. My current lawyer is excellent with the family law stuff usually...but when it comes to arguing certain issues I have a second lawyer who's a meanie....lol. Think about it...remember, OJ had 10 lawyers. And he got off.