Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Political Issues

Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-22-2016, 11:19 AM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,298
Janus will become famous soon enough
Default Custody = License to misbehave

From https://www.canlii.org/en/on/onsc/do...6onsc1818.html

Quote:
[18] As for the termination date for spousal support, Ms. Phillip has known since late 2014 that he was pursuing a change in support. As the many attendances above indicate, this matter has gone on almost 18 months. While she has known from the outset that a termination of spousal support was possible, she continued to resist and to a certain extent, she contributed to delay. I find that it is reasonable that spousal support be terminated effective October 23, 2015 which was the case conference I adjourned.
So, spousal support should have terminated in 2014. Because the recipient stalled, she got an extra year of support, and the judge let her get away with it because... well, who knows. Payors certainly never get away with underpayment.

But wait! It gets better!

Quote:
However, that would create an overpayment that would have an impact on the payment of child support. For that reason, I will make the termination of spousal support effective April 1, 2016.
As many of us on this forum already know, parents with custody are already mostly immune from paying costs. This one is a new wrinkle though, apparently custodial parents are also shielded from any negative retroactive adjustments.

Sometimes, reading the case law makes me ill.
Reply With Quote
  #2 (permalink)  
Old 03-22-2016, 01:10 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,139
Links17 is on a distinguished road
Default

This almost exactly happened to me. My trash ex-wife chilled for 3 years taking vacations and even though the alimony was supposed to terminate 2015, the judge just cut it down over time and terminated it the following year.

This is EXCEPTIONAL in family court, there is NO other area where EVEN if you fail to show a change in circumstance that the judge will STILL modify the original order. It is a veritable proof of bias....

In the grand scheme of things she will be on welfare (or somebody's pet/slave) and what not and I will have a good standard of living but it still isn't justice...
Reply With Quote
  #3 (permalink)  
Old 03-22-2016, 02:39 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Janus View Post
As many of us on this forum already know, parents with custody are already mostly immune from paying costs. This one is a new wrinkle though, apparently custodial parents are also shielded from any negative retroactive adjustments.

Sometimes, reading the case law makes me ill.
I don't disagree but, the challenge with this case is this:

Quote:
COUNSEL: Self-represented, Applicant
Self-represented, Respondent
I wonder what impact having a lawyer on this would have had. This may be more of an issue of a self represented litigant getting the short end of the stick more than a "custodial parent" getting away with something... Or it could be both issues at once.

PS: Don't read anything involving the CAS. That will truly make you ill. I have lost all hope for CAS and their ability to execute their mandate after reading case law.

Good Luck!
Tayken
Reply With Quote
  #4 (permalink)  
Old 03-24-2016, 08:06 AM
Senior Member
 
Join Date: Mar 2012
Posts: 283
nogoingback is on a distinguished road
Default

I'm surprised that the 2nd case conference judge was also the hearing judge and that he made the final judgement. I thought case conferences and their materials were to be trashed and a fresh judge had to be assigned for each step (i.e. case conference, settlement conference, trial mgmt. conference). How does this work? Under what circumstances can a case conference judge conduct a hearing and make a final order?
Reply With Quote
  #5 (permalink)  
Old 08-28-2016, 02:44 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,558
trinton has a little shameless behaviour in the past
Default

I always wondered why a local family law lawyer sated to me "our judges are sexist and that makes it very difficult for us to represent fathers".
Reply With Quote
  #6 (permalink)  
Old 08-30-2016, 01:18 PM
Senior Member
 
Join Date: Jan 2012
Location: Ottawa, ON
Posts: 994
FightingForFamily will become famous soon enough
Default

In divorce, kids = money. You get the kids, you get the money. No questions asked, no strings attached, no qualification needed.
Reply With Quote
Reply


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


Similar Threads
Thread Thread Starter Forum Replies Last Post
Have Sole Custody - Offer on the Table to Settle Fully but With Joint Custody momto3 Divorce & Family Law 14 06-19-2013 01:13 PM
Sole,Joint,Shared Custody and Child Support Marcos Divorce & Family Law 34 11-14-2011 04:19 PM
Examining resistance to joint custody first timer Parenting Issues 29 03-21-2011 08:37 AM
Joint custody - questions & answers (US) first timer Parenting Issues 0 03-20-2011 12:07 AM
Status Quo and Parallel Parenting robbie Parenting Issues 1 01-10-2007 06:20 PM


All times are GMT -4. The time now is 03:17 PM.