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.

Closed Thread
 
LinkBack Thread Tools
  #11 (permalink)  
Old 05-12-2006, 11:33 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Sunday,

If you minutes of settlemnt, order or separation agreements states that your are to have benefits and your ex is not co-operating, Take the matter back to court and seek full costs. I suspect the Judge will not be to pleased with his behaviour. To me its your only option.

LV
  #12 (permalink)  
Old 05-13-2006, 12:25 AM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

Sunday, I know you cant afford to retain a lawyer and you have had a bad experience with your previous one, but you can do this one on your own. Or do you qualify for legal aid? Your simply asking the Judge to have your ex comply with the order. LV is right the Judge would not be happy with this.

I would first start with writing a registered letter to your ex, cc his employer as well. Remember in Family Law: DOCUMENT EVERYTHING. You could write something to this effect:

Dear Ex:

Your are in breach of Justice Smith's order of May 1/06 as you have yet to provide me with the information regarding the medical benefits I am entitled to under the order, despite my numerous verbal attempts. I require both the name of the insurer and policy number.

Needless to say, the terms of Justice Smith's Order must be followed, failing which I will proceed with a motion to enforce the Order and hold you accountable for all of the associated costs.

I await written confirmation that the terms of the Order of Justice Smith, May 1/06, 2006, have been fulfilled.

Yours truly,

Sunday
cc: Ex's employer

This might be enough for him to take you seriously and give you the info.
Grace
  #13 (permalink)  
Old 05-13-2006, 01:49 AM
Member
 
Join Date: Jan 2006
Location: Ontario
Posts: 60
sunday is on a distinguished road
Default benefits

Thanks Grace, I faxed a letter and copy of the court order to my ex's employer. I also sent the ex an e-mail requesting the info.
My ex is so vendictive...blah,blah'blah. I'm so exhausted.
Thanks Grace!
  #14 (permalink)  
Old 05-14-2006, 12:28 AM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Sunday,

I think you wouldn't even need a motion to get results. I suspect all you would need is a case conference. The order has already been made.
Your just trying to get compliance.A secondary Judge will want to know the other party is not complying with the order. You can still get costs for an attended case conference. ie; time off work etc, parking, a few hours for paperwork, travel, 0.30/ km traveled, stationary etc. The Judge will most likely advise the other party that they are or will be in CONTEMPT of the order, if the order is not complied with. Remember, a case conference has no sworn evidence, just briefs.

To prove contempt, you have to prove willful. This can be difficult to prove at times, but after having a case conference, being warned etc, and being advised to comply, and still no co-operation, you will have definitely shown willful.

LV
  #15 (permalink)  
Old 05-14-2006, 01:36 AM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

Time is running out for Sunday on the benefits, as it was only ordered for 6 months. LV do you think at a case conference the Judge could extent the time limit as her ex has not complied or does she need a motion???

I'm in a similiar situation with my ex not comply with the final court order and we are bringing forth yet another motion.
  #16 (permalink)  
Old 05-14-2006, 12:12 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Grace,

Yes definitely, I think she could get the 6 months on the grounds ie: breach of contract, the intent of the order or minutes of settlement, order or agreement has been breached. Moreover, I'm thinking, there must be a reason why the benefits was agreed to the parties for a 6 month period. Perhaps one party wanted to get some dental work completed, but since the lack of co-operation on the compliance of the agreement order, the work had to be set aside. I definitely think she would be entitled to costs associated with having the party comply with the order, minutes of settlement or agreement.


Sunday,

I am not sure of your circumstances, but I find it that somehow you got the short end of the stick ie: that you settled for only 6 months of post benefits. I read a case recently in regards to spousal support periodic quantum and each party was going through each others expense claims with a fine tooth comb. The payor party had a problem with the recipient party claiming monthly premiums for extended health benefits such as dental plan etc for determing periodic quantum of spousal support. The court HELD that the extended health benefits of the recipient party ARE a reasonable necessary expense.

LV
  #17 (permalink)  
Old 05-14-2006, 12:26 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Grace,

In your situation, you could bring forth a motion also to vary the time of the order etc, but you will have to have a case conference first. I think everything would be settled at the case conference. If a party continues to not comply after a Judge at a case conference has given or advised the party to comply with the order or face contempt, all you would need is an official transcript of the case conference - this would show wilful and make it part of your affidavit evidence for a contempt motion.

Family Law Courts could imprison an individual for contempt of an order, but seldom do. They may strike pleadings, but ineffective if your case is somewhat settled. They may issue a fine, VERY EFFECTIVE. I don't know too many people that can afford 5K to dispose in a capricious fashion. I suspect the court would also award full costs because the party is acting in bad faith.

LV
Closed Thread


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 03:52 AM.