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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 05-11-2013, 04:49 PM
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Default Variation - Spousal Support and MARITAL PROPERTY

My former spouse (happily divorced) filed for a variation in July/August 2012. I wanted to negotiate; however, my former lawyer did not wish to negotiate so I switched lawyers. New lawyer tried to negotiate but former spouse would never disclose.

The Court wouldn't give us a Court date. I filed for a docket date. Ex husband about to be served and was found he left the province and his new partner for Alberta.

Went to Court and the Court wanted more efforts to serve him as he is changing addresses as soon as my lawyer catches up to him. Got an adjournment until May 21 when a "Substitute of Service" may be given with the "Substitute of Service" being a proceeding notice being given by email.

I told ex husband by email. He phoned my lawyer to give him particulars.

I am trying to lower the monthly amount as I have returned to employment, albeit casual. Our income differences are substantial. My former spouse thinks I am lying about reducing and calls me a stupid money hungry bitch and an ugly gold digging whore. I think he has me mixed up with his $1,000 for 12 hour mistress. He also said the Judge is racist towards men.

My questions:

1. Can a hearing that is being heard in Halifax (I live in Halifax) be responded to in Calgary, Alberta?
2. Will Maintenance Enforcement in Alberta enforce the Order and send the funds to Maintenance Enforcement in Nova Scotia?
3. Can the Court make my former spouse disclose?

Thank you for any respectful responses. I hope this makes sense because I am trying to keep this as short as possible.
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Old 05-11-2013, 09:07 PM
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Quote:
1. Can a hearing that is being heard in Halifax (I live in Halifax) be responded to in Calgary, Alberta?
When a case is started, the court house where papers were filed will remain seized of the case unless and until it is transferred elsewhere. If the system is similar to Ontario, he would be able to attend by teleconference.

Quote:
2. Will Maintenance Enforcement in Alberta enforce the Order and send the funds to Maintenance Enforcement in Nova Scotia?
Yes. They will have reciprocal agreements.

Quote:
3. Can the Court make my former spouse disclose?
They can Order it, and he can be found in contempt if he fails to comply. Worst (for him), you can simply have values imputed.

The rule of thumb for imputing values (income or assets) is pick a range which is reasonable for the value. First take the highest value in the range, then add 50% since you are probably wrong. Then double it, just to be sure.
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