I have been trying to get my divorce for three years. I was married for 15 years, and have three children ages: 17, 16, 11. We (my laywer and I ) have been trying to settle everything financially etc.... for the last three years. At the time we started divorce proceedings etc.... the STBX was working making about $80,000 a year.
I was awarded temporary Child support in the amount of $1315 a month. And was awarded temporary Spousal Support in the amount of $750 a month.
The first year that I moved out of the house I did not receive Child or Spousal support. Court documents state that we can still ask for this amount, we just have not done so.
The STBX lost his job back in May of this year. (He purposely got himself fired - but made it look like an accident.) His laywer and himself never petitioned the court to have the Child or Spousal support reduced. I have been receiving 1/2 of his E.I. Check ($359.00 every two weeks) He receives the same amount. His E.I. payments are not even enough to cover the Child Support that has been ordered. He claims that he can not find a job, even though I can find ad's online and in the newspaper that would prove that there are jobs out there that he can do. He is in the arrears with FRO for over $10,000.
Ok, so this is my problem.
My lawyer had a meeting with the STBX's lawyer about a month ago.
My lawyer assured me that things would be settled soon. That we were going to send over a consent form for the STBX to sign to release the money that was being held in trust from the sale of the house. (There is presently over $24,000 being held in trust by another laywer. - We are asking that the money be released and that we each receive 1/2) Which I believed was reasonable. We even offered not to ask for the year of Child and Spousal support (from when I first moved out of the house)- just to settle this and get this over with.
On October 10 @ 10:30 in the morning my lawyer was served with a motion from the ex and his lawyer. I did not receive this motion until October 10 @ 7:00 pm (Only because I picked the motion up myself) The motion was to be heard today October 13, @ 10:00 am. (I am told now by my laywers assistant that they are going to re-scedule the motion until November 3)
What makes me so mad is what is in the motion.
The motion states:
1. An order abridging the time for serviceand filing of the within motion . (What does this mean?)
2. An order varying the child support order of Judges name dated June 17, 2005 by rescinding the child support order effective May 19, 2006
3.An order rescinding the Support Deduction order filed with FRO with respect to the Order of Judges name dated June 17, 2005
4. An order that any and all arrears accumulated under the order of judges name dated June 17, 2005 subsequent to May 19, 2006 be expunged.
5. An order varying the child support order of Judges name dated June 17, 2005 by rescinding the child support order effective May 19, 2006
3.An order rescinding the Support Deduction order filed with FRO with respect to the Order of Judges name dated June 17, 2005
4. An order that any and all arrears accumulated under the order of judges name dated June 17, 2005 subsequent to May 19, 2006 be expunged.
5. An order varying the spousal support order of Judges name dated August 26, 2005 by rescinding the Spousal support order effective May 19, 2006
6.An order rescinding the Support Deduction order filed with FRO with respect to the Order of Judges name dated August 26, 2005
7. An order that any and all arrears accumulated under the order of judges name dated August 26, 2005 subsequent to May 19, 2006 be expunged.
8. Costs on a substanial indemnity basis, plus GST (What does this mean?)
9. Such further and other relief as counsel may advise and this Honorable court may permit. (what does this mean?)
He has also stated in his Affidavit (general) the following:
That he resides with his parents (which is true)
That he spends money on food ($330.00 a month - he lives with his parents... his parents don't charge him for food), gas for his car ($130), insurance - car ($80), storage- because I left the house only taking 1/2 - he had to store the other 1/2 ($72), telephone - his cell ($63.00), and clothing. (Mind you he states that he needs a $100 a month for clothing for himself.) My kids have not had clothing in a year, and all of them need new shoes.
He states that he only receives $769.00 a month (which is true) beacuse he is on E.I and I receive the other $769.
He states that he can not pay the arrears owing (he claims $7,000) but i know it is about $10,000 on the 16th of this month.
I don't know what to do.... I have tried repeatedly to get a hold of my lawyer but she does not return my calls. I call my lawyers assistant and she states that my lawyer is in court- she told me to keep trying her yesterday (which I did) but she never returned any of my phone calls.
I have e-mailed my laywer and her assistant. This is what the e-mail said.
In regards to the Garbage motion that STBX's Laywer's name sent to your office on October 5th @ 10:26 am
that I received on Tuesday, October 10th @ 7:00 pm
STBX got fired on purpose. He had made claims that he was going to try to get fired so he wouldn't have to pay support.
It is NOT my fault or the fault of our kids that he got fired.
It is his responsibility to maintain support for the kids whether he has a job or not.
STBX cancelled the life insurance policy maintaining both of our policies. It was court ordered that he was to maintain this policy.
I am requesting that he get life insurance again in his name. With a policy of a minimum of $250,000 – to go equally to the kids on his death.
I would like proof that shows he has got this Life Insurance policy and that he is maintaining it.
I want to see proof that he has been looking for work. I have been looking at the papers and the job bank and I can find a number of general labour jobs that he should have been able to apply for with no problems.
It is my understanding that he is on Unemployment Insurance. I would like to know why he hasn’t tried to get his truck driving licence, or go back to school to get an education.
I would like STBX to prove that he has been considering employment in the Western Province. I do not believe this statement at all considering all of his family is in ____________.
I am requesting that if STBX does get employment outside of _____County that the kids DO NOT go with him, DO NOT visit him out there. Any time that he would like to spend with the kids MUST be in ______ County.
Requesting that NO CHANGE be made to the Child and Spousal support agreements/ Court Orders.
Requesting an even split of STBX RSP’s from last job.
Requesting that STBX sell his second car (he may only get $500 for this car) and all furnishings that were left to him in the matrimonial home in order to try to pay back the arrears owing. This will also save him the storage fee every month.
Requesting that the money from the sale of the house be given to me in full. STBX gambled away all the money in the line of credit as well as having to re-mortgage the house to pay off outstanding gambling debts.
Requesting that the arrears owing for Child and Support at FRO at this date, stay . and that STBX MUST pay this money back.
I want STBX to pay for ALL my lawyer fees that I have not been paid to date. Including this garbage motion that I received.
Requesting that STBX pay me the amount of money that we have not yet filed for or requested:
Child Support ($1315.00 a month) from January 2005- to May 12, 2005 = $6575.35
Spousal Support ($750.00 a month) from January – August 2005 = $6750.00
Great West Life Payments (Life Insurance) From January 2005 – August 2006 ($50.81 a month) = $1,016.00
In December 2004 (while I was still living in the matrimonial home – STBX agreed to pay me back for the Christmas presents that I spent on the kids that year. The total amount spent for Christmas presents and clothing was $1,989.68. I am requesting that Steven pay me back ½ of this amount = $994.84
I am requesting that you call me as soon as you get this, to let me know that you have received this. Also please let laywers name know that I need to talk to her, and that I have left her a message on her voicemail.
When I first hired laywers name as my lawyer I was told to let her know when I was not happy with her or how she was handling my case. I am not happy right now. I believe that she has ignored most of my wishes when it comes to this divorce. Including the fact that STBX has cancelled the life Insurance policy that he was ORDERED to maintain. I was told over a year ago that she was going to close this file, and here we are – worse now then when we started these proceedings.
I need laywers name to do something NOW. Not next week or next month.
Also, get me my divorce papers ASAP. I am so tired of playing all of these stupid little games. All I seem to be doing is throwing money away, and getting nothing out of any of this.
I do not want to re-schedule this court hearing on Friday, October 13, 2006. Please get whatever paperwork that needs to be done – finished today so I can sign it today. So that lawyers name can go into court on Friday, October 13th, 2006 and settle this thing.
My lawyers assistant called me 1/2 hour after receiving this e-mail and told me that they were going to have to re-schedule the motion hearing because we wouldn't have enough time to file our answer reply. They were going top re-schedule this for the 3rd of November. I have a settlement conference on the 31st of January.
Can someone please help me out here. I know this was a long posting.... but I wanted everyone to have the facts before replying to me.
I just don't know what to do anymore.
I was awarded temporary Child support in the amount of $1315 a month. And was awarded temporary Spousal Support in the amount of $750 a month.
The first year that I moved out of the house I did not receive Child or Spousal support. Court documents state that we can still ask for this amount, we just have not done so.
The STBX lost his job back in May of this year. (He purposely got himself fired - but made it look like an accident.) His laywer and himself never petitioned the court to have the Child or Spousal support reduced. I have been receiving 1/2 of his E.I. Check ($359.00 every two weeks) He receives the same amount. His E.I. payments are not even enough to cover the Child Support that has been ordered. He claims that he can not find a job, even though I can find ad's online and in the newspaper that would prove that there are jobs out there that he can do. He is in the arrears with FRO for over $10,000.
Ok, so this is my problem.
My lawyer had a meeting with the STBX's lawyer about a month ago.
My lawyer assured me that things would be settled soon. That we were going to send over a consent form for the STBX to sign to release the money that was being held in trust from the sale of the house. (There is presently over $24,000 being held in trust by another laywer. - We are asking that the money be released and that we each receive 1/2) Which I believed was reasonable. We even offered not to ask for the year of Child and Spousal support (from when I first moved out of the house)- just to settle this and get this over with.
On October 10 @ 10:30 in the morning my lawyer was served with a motion from the ex and his lawyer. I did not receive this motion until October 10 @ 7:00 pm (Only because I picked the motion up myself) The motion was to be heard today October 13, @ 10:00 am. (I am told now by my laywers assistant that they are going to re-scedule the motion until November 3)
What makes me so mad is what is in the motion.
The motion states:
1. An order abridging the time for serviceand filing of the within motion . (What does this mean?)
2. An order varying the child support order of Judges name dated June 17, 2005 by rescinding the child support order effective May 19, 2006
3.An order rescinding the Support Deduction order filed with FRO with respect to the Order of Judges name dated June 17, 2005
4. An order that any and all arrears accumulated under the order of judges name dated June 17, 2005 subsequent to May 19, 2006 be expunged.
5. An order varying the child support order of Judges name dated June 17, 2005 by rescinding the child support order effective May 19, 2006
3.An order rescinding the Support Deduction order filed with FRO with respect to the Order of Judges name dated June 17, 2005
4. An order that any and all arrears accumulated under the order of judges name dated June 17, 2005 subsequent to May 19, 2006 be expunged.
5. An order varying the spousal support order of Judges name dated August 26, 2005 by rescinding the Spousal support order effective May 19, 2006
6.An order rescinding the Support Deduction order filed with FRO with respect to the Order of Judges name dated August 26, 2005
7. An order that any and all arrears accumulated under the order of judges name dated August 26, 2005 subsequent to May 19, 2006 be expunged.
8. Costs on a substanial indemnity basis, plus GST (What does this mean?)
9. Such further and other relief as counsel may advise and this Honorable court may permit. (what does this mean?)
He has also stated in his Affidavit (general) the following:
That he resides with his parents (which is true)
That he spends money on food ($330.00 a month - he lives with his parents... his parents don't charge him for food), gas for his car ($130), insurance - car ($80), storage- because I left the house only taking 1/2 - he had to store the other 1/2 ($72), telephone - his cell ($63.00), and clothing. (Mind you he states that he needs a $100 a month for clothing for himself.) My kids have not had clothing in a year, and all of them need new shoes.
He states that he only receives $769.00 a month (which is true) beacuse he is on E.I and I receive the other $769.
He states that he can not pay the arrears owing (he claims $7,000) but i know it is about $10,000 on the 16th of this month.
I don't know what to do.... I have tried repeatedly to get a hold of my lawyer but she does not return my calls. I call my lawyers assistant and she states that my lawyer is in court- she told me to keep trying her yesterday (which I did) but she never returned any of my phone calls.
I have e-mailed my laywer and her assistant. This is what the e-mail said.
In regards to the Garbage motion that STBX's Laywer's name sent to your office on October 5th @ 10:26 am
that I received on Tuesday, October 10th @ 7:00 pm
STBX got fired on purpose. He had made claims that he was going to try to get fired so he wouldn't have to pay support.
It is NOT my fault or the fault of our kids that he got fired.
It is his responsibility to maintain support for the kids whether he has a job or not.
STBX cancelled the life insurance policy maintaining both of our policies. It was court ordered that he was to maintain this policy.
I am requesting that he get life insurance again in his name. With a policy of a minimum of $250,000 – to go equally to the kids on his death.
I would like proof that shows he has got this Life Insurance policy and that he is maintaining it.
I want to see proof that he has been looking for work. I have been looking at the papers and the job bank and I can find a number of general labour jobs that he should have been able to apply for with no problems.
It is my understanding that he is on Unemployment Insurance. I would like to know why he hasn’t tried to get his truck driving licence, or go back to school to get an education.
I would like STBX to prove that he has been considering employment in the Western Province. I do not believe this statement at all considering all of his family is in ____________.
I am requesting that if STBX does get employment outside of _____County that the kids DO NOT go with him, DO NOT visit him out there. Any time that he would like to spend with the kids MUST be in ______ County.
Requesting that NO CHANGE be made to the Child and Spousal support agreements/ Court Orders.
Requesting an even split of STBX RSP’s from last job.
Requesting that STBX sell his second car (he may only get $500 for this car) and all furnishings that were left to him in the matrimonial home in order to try to pay back the arrears owing. This will also save him the storage fee every month.
Requesting that the money from the sale of the house be given to me in full. STBX gambled away all the money in the line of credit as well as having to re-mortgage the house to pay off outstanding gambling debts.
Requesting that the arrears owing for Child and Support at FRO at this date, stay . and that STBX MUST pay this money back.
I want STBX to pay for ALL my lawyer fees that I have not been paid to date. Including this garbage motion that I received.
Requesting that STBX pay me the amount of money that we have not yet filed for or requested:
Child Support ($1315.00 a month) from January 2005- to May 12, 2005 = $6575.35
Spousal Support ($750.00 a month) from January – August 2005 = $6750.00
Great West Life Payments (Life Insurance) From January 2005 – August 2006 ($50.81 a month) = $1,016.00
In December 2004 (while I was still living in the matrimonial home – STBX agreed to pay me back for the Christmas presents that I spent on the kids that year. The total amount spent for Christmas presents and clothing was $1,989.68. I am requesting that Steven pay me back ½ of this amount = $994.84
I am requesting that you call me as soon as you get this, to let me know that you have received this. Also please let laywers name know that I need to talk to her, and that I have left her a message on her voicemail.
When I first hired laywers name as my lawyer I was told to let her know when I was not happy with her or how she was handling my case. I am not happy right now. I believe that she has ignored most of my wishes when it comes to this divorce. Including the fact that STBX has cancelled the life Insurance policy that he was ORDERED to maintain. I was told over a year ago that she was going to close this file, and here we are – worse now then when we started these proceedings.
I need laywers name to do something NOW. Not next week or next month.
Also, get me my divorce papers ASAP. I am so tired of playing all of these stupid little games. All I seem to be doing is throwing money away, and getting nothing out of any of this.
I do not want to re-schedule this court hearing on Friday, October 13, 2006. Please get whatever paperwork that needs to be done – finished today so I can sign it today. So that lawyers name can go into court on Friday, October 13th, 2006 and settle this thing.
My lawyers assistant called me 1/2 hour after receiving this e-mail and told me that they were going to have to re-schedule the motion hearing because we wouldn't have enough time to file our answer reply. They were going top re-schedule this for the 3rd of November. I have a settlement conference on the 31st of January.
Can someone please help me out here. I know this was a long posting.... but I wanted everyone to have the facts before replying to me.
I just don't know what to do anymore.
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