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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 05-04-2016, 08:24 AM
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Default Settlement Case Conference - imputing income and ending spousal

Hi everyone,

Going to court soon to imput income to ex wife and ask judge to set a termination date (we had a short marriage and in a year I'll have been paying as long as we were married).

Question is - can judge in a settlement conference (in Ontario) make an order on any of these without her consent? Ie if she doesn't consent we have to go to trial to have it resolved?

Thanks
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Old 05-04-2016, 10:32 AM
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Originally Posted by Dadoftwo View Post
Hi everyone,

Going to court soon to imput income to ex wife and ask judge to set a termination date (we had a short marriage and in a year I'll have been paying as long as we were married).

Question is - can judge in a settlement conference (in Ontario) make an order on any of these without her consent? Ie if she doesn't consent we have to go to trial to have it resolved?

Thanks
Technically they can make an order for support at a conference but, rarely do because not all the evidence is present to make the order. I haven't heard of a judge doing this in a while.

You will have to go on motion and eventually to trial to resolve the matter. Especially if the other party is not willing to settle.

If you have been paying support for longer than you were married... You have a good chance that you are right that it should be reduced or eliminated. I would recommend you review your matter with a lawyer.
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Old 05-19-2016, 05:05 PM
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Thanks for this - you were right and we are now moving to trial. The judge did give her the heads up though that the trial judge would likely imput income. We will find out soon enough the outcome.
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Old 05-19-2016, 09:08 PM
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Once your ex receives notification from her lawyer of the substantial retainer she will be required to pay before trial she may be inclined settle? Thanks for keeping us posted.
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Old 05-20-2016, 08:56 AM
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the substantial retainer
Not trying to derail this thread but what is a ballpark figure for the retainer commonly charged?

Thanks,
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Old 05-20-2016, 02:17 PM
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I can't answer that your for you as I fortunately did a binding JDR instead of trial but I have heard from friends that their lawyers averaged out the number of days they expect trial to last and multiply by 2500.00/day.

Others might have different input/experience.
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