Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Introductions

Introductions If you're new to the forums, drop by and introduce yourself.

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 10-30-2016, 06:56 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,930
arabian will become famous soon enough
Default

Quote:
Originally Posted by keebler View Post
Also,

I am relying on Fung - Sunter v. Fabian and Smith v. smith to guide my thinking through section 15.1 and 17 of the divorce act regarding the court orders the ex is asking for and the ones I am asking for in place of the one my ex is presenting.

Also I was asking for no court orders to be issued at all because I have paid and will pay what ever is agreed to with my ex and or the judge in the conference... is that misguided though?

Does any one know of any recent case law regarding circumstances of when a child of the marriage turns 18 what is considered appropriate and when should support payments stop. My ex is on the verge of letting another year go by where my oldest might stagnate and stall. We need to keep him moving either to a legitmate school or work full time...

Thanks again.
Here is a recent case from Alberta regarding child turning 18... (you will find many cases like this on CanLII). You might want to focus on the judge's analysis of "Farden factors" as referenced in Olsen v Olsen 2003 ABCA 56 (CanLII) .

https://www.canlii.org/en/ab/abqb/do...16abqb600.html
Reply With Quote
  #12 (permalink)  
Old 10-30-2016, 07:06 PM
Junior Member
 
Join Date: Oct 2016
Posts: 12
keebler is on a distinguished road
Default

Thanks. I will read it now...
Reply With Quote
  #13 (permalink)  
Old 10-30-2016, 07:11 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,930
arabian will become famous soon enough
Default

Another thing you will come across in some case law which might be of relevance to your situation:

When considering whether to award retroactive child support, the court should consider the following factors: whether there is a reasonable excuse for why support was not sought earlier; the conduct of the payor parent; the circumstances of the child; and the hardship that may be occasioned by a retroactive reward (See S. (D.B.) v. G. (S.R.), 2006 SCC 73)

1. If you "underpaid" for several years, and were providing full financial disclosure, what is your ex's excuse for not rectifying this situation before?

2. What sort of hardship or would you experience should you be ordered to pay CS arrears? Could the award of arrears be considered as a "windfall" for your ex?

Some things to ponder perhaps.
Reply With Quote
  #14 (permalink)  
Old 10-30-2016, 07:23 PM
Junior Member
 
Join Date: Oct 2016
Posts: 12
keebler is on a distinguished road
Default

Thanks for all links so far... I am reading them all and it is very helpful.

Janus....

I am curious from your perspective and from anyone else's perspective... what if any weight will be placed on the very provable fact that the ex should have filed the divorce to stay in compliance with the sep agreement, and when she didn't everything came crashing down.... is there any implication or responsibility placed on her for not having done that?

Thanks
Reply With Quote
  #15 (permalink)  
Old 10-30-2016, 07:41 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,930
arabian will become famous soon enough
Default

No good ever comes out of playing the 'blame game.' Either of you could have filed for divorce.

If you pursue with a solution-oriented position you will do much better.
Reply With Quote
  #16 (permalink)  
Old 10-30-2016, 08:01 PM
Junior Member
 
Join Date: Oct 2016
Posts: 12
keebler is on a distinguished road
Default

Thanks Arabian,

I am, in the proposal for solution, I have offered to pay all that is claimed to be owing by way of pension carve out, and if necessary some other way....regardless... I am actually mostly agreeable....because its for my kids.... i was just curious what if any weight is placed on that area as being one of the areas (obviously in my mind, as significant) as a break down that lead to this situation. I am coming at it more from a position of I am taking responsibility what can I expect a judge to see as important factors.... for example what are her responsibilities...

does that make sense?
Reply With Quote
  #17 (permalink)  
Old 10-30-2016, 08:06 PM
Junior Member
 
Join Date: Oct 2016
Posts: 12
keebler is on a distinguished road
Default

And in the pension carve out I am including interest on the amounts asked for... the lack of agreement rests with how to pay....

She needs it now... I don't have it..... hence some arrangement needs to made...

(And being defensive now... I don't have it because I gave up the mat home and equity... screwed up with over paying stuff for the kids (I'm sure many can relate to trying to keep up with lifestyle that had been establish) then consumer proposal... There really is nothing except the pension... and very little by way of cash flow on a per month basis... )
Reply With Quote
  #18 (permalink)  
Old 10-30-2016, 08:40 PM
Senior Member
 
Join Date: May 2012
Location: Bc
Posts: 225
undersc0re is on a distinguished road
Default

You filed a consumer proposal, I imagine when you say you signed over the house that you completely signed over the mortgage and the title? You would think if she trys going after stuff from past that you should get some of the house equity back, especially since you signed it over under duress. Have some sort of speach ready to read out at that fcc, don't try and wing it from notes...it made my second fcc so much better....and I had lots of evidence to back me up afterwards when the other party denied eveything I said. I was not prepared for all of the lies and outright denials the first time!
Reply With Quote
  #19 (permalink)  
Old 10-30-2016, 08:49 PM
Junior Member
 
Join Date: Oct 2016
Posts: 12
keebler is on a distinguished road
Default

Thanks undersc0re,

Do you know who speaks first, I allotted 20 minutes for me and 20 minutes for respondent. Respondent booked the conference. Who speaks first... whats the protocol...

Thanks
Reply With Quote
  #20 (permalink)  
Old 10-30-2016, 08:55 PM
Junior Member
 
Join Date: Oct 2016
Posts: 12
keebler is on a distinguished road
Default

My speech... which is true...

I was thinking of something like... I may not have known all the right titles and what to call what or what act was used from action... what i did know, is my kids needed to be supported... so that's what I did... it wasn't a gift... it was just what I would expect any father to do... so I did it... now when I look at all the numbers of what I have paid .... it turns out that I paid 24000 over the fscg in the first three years. I got derailed by the actions of the respondent... and now as it turns out... in addition to promoting stability for my kids and the respondent... making her an additional 200,000 in equity from the house after signing it over.... that I haven't been able to pay almost exactly what I paid above the fcsg.... and now I am just tired and being dramatic...
Reply With Quote
Reply

Tags
arrears, case conference, child support, section 7 expenses


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 07:30 AM.