I go to court on Monday to ask for an order for sale. The Ex obtained exclusive occupancy and I was ordered to pay the entire mortgage, all utilities, and 100% of the taxes on the MH. In addition, I was ordered to pay retro child support of 575/mo. We were in way over our heads with this house. PIT of 2350/month. I'm now under water trying to pay for it and behind in support and utilities. How did you convince the judge to sign the order for sale? I am also asking on Monday that she pay 1/2 the cost of the MH while she occupies it as she is opposed to paying anything. The first judge I encountered in family court gave the Ex everything she wanted. She got the guideline support amount for our 2 year old daughter and I got completely shafted by being ordered to pay the full cost of the MH. We separated in April /13 and I continued to pay the mortgage (house is in my name) and the ex paid the Utilities. However, the Ex had me in court in June for child support and exclusive occupancy. She literally cried in the courtroom and claimed that I had abandoned her. She didn't mention that she physically abused me for the past year and that she was online and had a new bf within a week. Her mother cares for our 2 year old in the MH while she's at work but the kicker is that the ex also came with 3 kids from her ex husband. Her 3 kids are nice and I was polite to them but they never once called me Dad nor did I have anything to do with their discipline or school. However, she's claiming I "stepped in" as their parent. The judge gave her a special court date on Sept 11 to decide if I should be ordered to pay support for her 3 kids. My 1st experience in family court was a complete loss on my part. Duty council represented me and failed me miserably. I didn't even get to speak before the judge made the order. Any advice would be appreciated on how to convince the judge that the ex should pay 1/2 the MH costs and that the MH is too expensive for either party to carry and needs to be sold. I haven't been able to get a lawyer to take my case yet as it's summertime and everyone is on holidays or not taking new cases. My monthly bills now exceed my take home pay and I'm in a small apartment and can't even afford access to my child. I thought leaving a DV situation would reduce my stress but I can't even sleep at night. I also support my 16 year old from outside the marriage and my 20 year old lives with me. Any input on how to proceed would be appreciated. The Ex is very savvy to deal with and has no issues swearing false affidavits. Her Ex husband lost everything to her and after she alleged DV he fled back to the US and has disappeared so that he won't have to pay child support for his kids. I'm really concerned as she won round one so decisively and would like to know if anyone else has experienced a similar situation and bounced back.
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Originally posted by EdmDad View PostI go to court on Monday to ask for an order for sale....... I'm really concerned as she won round one so decisively and would like to know if anyone else has experienced a similar situation and bounced back.
I am sorry that I do not know much about your issues but I am sure someone here can help.
Hang in there.
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Originally posted by EdmDad View PostI go to court on Monday to ask for an order for sale. The Ex obtained exclusive occupancy and I was ordered to pay the entire mortgage, all utilities, and 100% of the taxes on the MH. In addition, I was ordered to pay retro child support of 575/mo. We were in way over our heads with this house. PIT of 2350/month. I'm now under water trying to pay for it and behind in support and utilities. How did you convince the judge to sign the order for sale? I am also asking on Monday that she pay 1/2 the cost of the MH while she occupies it as she is opposed to paying anything. The first judge I encountered in family court gave the Ex everything she wanted. She got the guideline support amount for our 2 year old daughter and I got completely shafted by being ordered to pay the full cost of the MH. We separated in April /13 and I continued to pay the mortgage (house is in my name) and the ex paid the Utilities. However, the Ex had me in court in June for child support and exclusive occupancy. She literally cried in the courtroom and claimed that I had abandoned her. She didn't mention that she physically abused me for the past year and that she was online and had a new bf within a week. Her mother cares for our 2 year old in the MH while she's at work but the kicker is that the ex also came with 3 kids from her ex husband. Her 3 kids are nice and I was polite to them but they never once called me Dad nor did I have anything to do with their discipline or school. However, she's claiming I "stepped in" as their parent. The judge gave her a special court date on Sept 11 to decide if I should be ordered to pay support for her 3 kids. My 1st experience in family court was a complete loss on my part. Duty council represented me and failed me miserably. I didn't even get to speak before the judge made the order. Any advice would be appreciated on how to convince the judge that the ex should pay 1/2 the MH costs and that the MH is too expensive for either party to carry and needs to be sold. I haven't been able to get a lawyer to take my case yet as it's summertime and everyone is on holidays or not taking new cases. My monthly bills now exceed my take home pay and I'm in a small apartment and can't even afford access to my child. I thought leaving a DV situation would reduce my stress but I can't even sleep at night. I also support my 16 year old from outside the marriage and my 20 year old lives with me. Any input on how to proceed would be appreciated. The Ex is very savvy to deal with and has no issues swearing false affidavits. Her Ex husband lost everything to her and after she alleged DV he fled back to the US and has disappeared so that he won't have to pay child support for his kids. I'm really concerned as she won round one so decisively and would like to know if anyone else has experienced a similar situation and bounced back.
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EdmDad, you seem to have a lot of different issues going on. Have you talked to the Family Law Information Centre at the Edmonton law courts? I've found them very helpful if you *phone* (not walk-in - they can be pretty crabby and given some of the behavior of clients I've seen there, not to be blamed for it) and if you have a short list of *specific* questions (e.g. "What steps do I need to take to request that the marital home be sold?").
I believe the number is 780-644-8217. I usually have no trouble getting through. If you get the name of the person you talk to, you can call back and ask for him/her by name, if you don't want to go through the entire list of your questions at one time.
I suggest you break your situation down into a list of questions to which you need answers, and then go from there.
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Firstly EdmDad, paragraphs and structure to your postings will help everyone in assisting you with a response and suggestions.
Originally posted by EdmDad View PostI go to court on Monday to ask for an order for sale.
Originally posted by EdmDad View PostThe Ex obtained exclusive occupancy and I was ordered to pay the entire mortgage, all utilities, and 100% of the taxes on the MH.
Originally posted by EdmDad View PostIn addition, I was ordered to pay retro child support of 575/mo.
Originally posted by EdmDad View PostWe were in way over our heads with this house. PIT of 2350/month. I'm now under water trying to pay for it and behind in support and utilities.
Originally posted by EdmDad View PostHow did you convince the judge to sign the order for sale?
If you are going to court today and only asked this question a few days ago... one would question how you would be asking this question only a few short days prior to the hearing?
Originally posted by EdmDad View PostI am also asking on Monday that she pay 1/2 the cost of the MH while she occupies it as she is opposed to paying anything.
Originally posted by EdmDad View PostThe first judge I encountered in family court gave the Ex everything she wanted.
Originally posted by EdmDad View PostShe got the guideline support amount for our 2 year old daughter and I got completely shafted by being ordered to pay the full cost of the MH.
Originally posted by EdmDad View PostWe separated in April /13 and I continued to pay the mortgage (house is in my name) and the ex paid the Utilities. However, the Ex had me in court in June for child support and exclusive occupancy.
... continued ...
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Originally posted by EdmDad View PostShe literally cried in the courtroom and claimed that I had abandoned her.
Originally posted by EdmDad View PostShe didn't mention that she physically abused me for the past year and that she was on-line and had a new bf within a week.
The only place that "violence and abuse" has any weight is in the CHildren's Law Reform Act of Ontario section 24.(4). That is for the determination of custody and access of the children.
I would caution you to really understand what defines "violence and abuse" to the courts prior to making an allegation of such. You will need strong evidence and not just a random statement from you that some incident happened. That is known as "hearsay" or "he-said-she-said".
Originally posted by EdmDad View PostHer mother cares for our 2 year old in the MH while she's at work but the kicker is that the ex also came with 3 kids from her ex husband.
Originally posted by EdmDad View PostHer 3 kids are nice and I was polite to them but they never once called me Dad nor did I have anything to do with their discipline or school. However, she's claiming I "stepped in" as their parent.
Originally posted by EdmDad View PostThe judge gave her a special court date on Sept 11 to decide if I should be ordered to pay support for her 3 kids.
Originally posted by EdmDad View PostMy 1st experience in family court was a complete loss on my part. Duty council represented me and failed me miserably.
Originally posted by EdmDad View PostI didn't even get to speak before the judge made the order. Any advice would be appreciated on how to convince the judge that the ex should pay 1/2 the MH costs and that the MH is too expensive for either party to carry and needs to be sold. I haven't been able to get a lawyer to take my case yet as it's summertime and everyone is on holidays or not taking new cases.
Originally posted by EdmDad View PostMy monthly bills now exceed my take home pay and I'm in a small apartment and can't even afford access to my child.
Originally posted by EdmDad View PostI thought leaving a DV situation would reduce my stress but I can't even sleep at night.
Originally posted by EdmDad View PostI also support my 16 year old from outside the marriage and my 20 year old lives with me. Any input on how to proceed would be appreciated.
Originally posted by EdmDad View PostThe Ex is very savvy to deal with and has no issues swearing false affidavits. Her Ex husband lost everything to her and after she alleged DV he fled back to the US and has disappeared so that he won't have to pay child support for his kids.
Originally posted by EdmDad View PostI'm really concerned as she won round one so decisively and would like to know if anyone else has experienced a similar situation and bounced back.
Good LucK!
Tayken
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