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  • Served an unsigned affidavidt

    Exactly as the title states, my lawyer rec'd an unsigned affidavidt today from my ex as case mgmt tomorrow.

    My question is why would the other side send an unsigned affidavidt?

    Ex was court ordered to provide a sworn statement and financials etc. And apparently ex is unable to do this in time for court (Judge gave him 10 days)

  • #2
    I'd hazard a guess that this is merely a stalling tactic. You will have your answer tomorrow (probably adjourned/rescheduled).

    Comment


    • #3
      ask for costs if the matter cannot proceed or alternatively see if clerk in court would allow her to take oath and sign. or just don't make it an issue and see if court notices it. if they notice it and adjourn then ask for costs.

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      • #4
        Originally posted by trinton View Post
        ask for costs if the matter cannot proceed or alternatively see if clerk in court would allow her to take oath and sign. or just don't make it an issue and see if court notices it. if they notice it and adjourn then ask for costs.
        I think ringettteplayer is the female in this matter.

        Comment


        • #5
          who knows it appears to be a game from the other side and it just costs me a ridiculous amount of money, energy and stress that is unneccessary. I will keep you posted, i know I went in with clean hands looking to settle and resolve and acted in good faith. Thats all I can do.

          Comment


          • #6
            Originally posted by standing on the sidelines View Post
            I think ringettteplayer is the female in this matter.
            Thanks, though I don't think that gender should be of any relevance in Family Law matters.

            Comment


            • #7
              Originally posted by trinton View Post
              Thanks, though I don't think that gender should be of any relevance in Family Law matters.
              neither do I but noticed that you put her instead of the other party or him. Just clarifying in case you thought the party causing the issues in this situation is female.

              Comment


              • #8
                Update:

                affidavidt didnt matter

                Court order proof of his unemployment didnt matter
                Court ordered proof of expenses, assests, budget didnt matter
                Produced nothing in court even though he was ordered.

                And yet Again he rec'd a stay for another 3 months


                3 years of stays of enforcement 3month incriments each time

                Even though he produced t4's for the past 3 years showing that he made $200,000 each year and has paid less than $15,000 in 3 years for cs for 3 children.

                I work 2 jobs earn under $30,000 and get $285 a month for cs yet he proved he worked for the past 3 years making gobbs of money.

                Take this as proof that the mother is not always favoured in court.
                I just asked for table amount of cs as i could see he could afford it from previous t4's yet judge again turned the other way and must of felt sorry for him, its too bad the judge didnt feel sorry for the children.

                Waste of time money and energy

                Comment


                • #9
                  sounds like he has a really good lawyer, and you, not so much.

                  What was the reasoning for granting him an stay ?

                  He's going to have to pay up eventually. Hang in there.

                  Comment


                  • #10
                    It would appear that way trinton i have to agree.

                    Reason he cannot afford to pay. as usual when court roles around he is not working.

                    Last time he told the judge that he walked out of the court hosue and went ot work late, he has never had to prove any of his statements he has made.

                    He did not even have to produce EI forms!! it blows me away!!

                    Had MEP do a child status update because he thought of. One of kids was over 18!!!! I had to swear on an affidavidt to MEP that she wasnt not 18!!!

                    Honest to God!! its so gross and he will get what he wants which is not pay for his children by form of child support because i cannot afford this anymore.

                    Comment


                    • #11
                      Seems his game plan is to run you broke so that you give up. Don't worry about what he did or is doing. Just do you and patiently await. If he's held a 200k per annum job then you are going to get an income imputed to him. He surely has enough money to pay for a lawyer.

                      Comment


                      • #12
                        *he called MEP to request the child status* just to be clear.

                        it seems criminal to me how he can be blatantly in contempt numerous times and is currently, yet the judge who even ordered him doesnt bat an eye at his dirty hands and disrepect for the courts. I have to remain optimistic that the truth with prevail and justice for my kids will be served one day although I admit my optimism is fading.
                        He wont even file 2013 to current income taxes even tho he has been court ordered 4 times.
                        I must stop now. There is nothing I can do, its on hold for a few more months.
                        Now i am just sounding like the bitter wx wife!! Ughhh thanks all for listening, and as we all know here our kids just need our love and hugs and support.

                        Comment


                        • #13
                          Sorry to hear this but I figured it was stalling.

                          You mention MEP. I thought you had moved back to Ontario?
                          Are you going through inter-jurisdictional process? If you are then that would explain the slowness of process.

                          If he doesn't file his taxes then judge should be imputing income to him (regardless of having taxes filed).

                          Do you have a case management judge?

                          Comment


                          • #14
                            What baffles me the most is $82,000 in cs arrears and that doesnt get addressed.

                            i can only stay hopeful that justice will one day be just that justice.

                            Comment

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