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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11 (permalink)  
Old 06-17-2017, 04:51 PM
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Quote:
Originally Posted by Tandem80 View Post
Would my lawyer be utilizing my exhibits in morning chambers? If so that gives me a tremendous amount of relief.

I am receiving all the documents next week prior to her submission. Thus far have been very happy as she has pointed things out that should be included in my affidavit.
Presumably you go through MEP to pay your ex (a lesson here to be learned if you do not). Your lawyer will simply submit your MEP statements along with your NOAs. That is all the ammo she needs to show you are a "good payer". With regards to the arrears, if you overpaid then you should have your lawyer ask judge to Order MEP to make adjustment in your favor. This only takes minutes to do.

I understand your stress, however, keep in mind that judges deal with dozens of similar situations every week. You certainly are not unique. If your ex goes in there swinging with alot of unsubstantiated crap then judge will not look favorably on her. Hope your lawyer is quick to ask for double costs in that case (if you don't ask you don't get).

If you are up-to-date on everything (and have proof) then you will do well next week. Chill.
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Old 06-17-2017, 05:20 PM
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Hope your lawyer is quick to ask for double costs in that case (if you don't ask you don't get).

.[/QUOTE]

You can ask for double costs?????!
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Old 06-17-2017, 05:34 PM
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"The court will usually award double costs if the defendant makes an offer and the plaintiff refuses to accept it, and the plaintiff’s claim is denied completely"

There are other instances - best to refer to your respective Rules of Court for your Province.
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Old 06-17-2017, 06:27 PM
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I'm not on maintenance though. Would a chart of what I made over the last 3 yrs and what I paid suffice? I have every single bank statement of payments made.
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Old 06-17-2017, 06:58 PM
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cancelled cheques? How did you pay her? Cash - you're dead in the water and it then becomes a he-said-she-said situation.

Ideally you need 3rd party documentation (pay stubs + employer's T4's + Income tax Returns + Notice of Assessments) to prove your income. Other requirements if you are self-employed.
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Old 06-17-2017, 07:01 PM
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Bank transfer statements 1st and 15th of each months since 2010.
From my account right to hers.
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Old 06-17-2017, 07:05 PM
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That should be sufficient documentation (bank statements with her bank account number as recipient). Hopefully you didn't owe her any more money for anything else and hopefully she can't argue the money was payment for another debt. (reason, again, to use MEP).

Now do yourself a favor and on Monday register with MEP (Judge will likely order this anyhow) and it is protection for you in the future. It doesn't cost anything and judges favor it. In the future your ex can bitch and whine to MEP and your response will be "take me to court" nothing more.
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Old 06-17-2017, 07:06 PM
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She attached my income tax returns to her affidavit as exhibits. I didn't even need to do it. I just reference her exhibit regarding my returns provided proof of the increase I made with an exhibit of an email to her back in time notifying her I will increase support as well as the bank transfer statement from my account to hers.
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Old 06-17-2017, 07:09 PM
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I have a text message of her telling me to keep support the same when I had an increase in income. I was honest asked how she would like to proceed and she told me to pay the same as I have been. The next year my income decreased and I continued to pay for the shortage from the year before because I thought it was the right thing to do. Now she is seeking retroactive support. I made a chart of what support should have been what I have paid and what my income was. It is all averaged out due to the fluctuations in my income I simply paid more than the guidelines for a few years but shorted one year. No arrears.
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Old 06-17-2017, 07:10 PM
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Then what's her point of contention? Are you self-employed and is she arguing some expenses you have claimed? That may come down to judge's prerogative and how well your lawyer knows her trade.
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