Originally posted by Links17
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Originally posted by arabian View Post
You were married for 11 years. Your SS could be reviewed in 2013 but you did not have a review correct? So you have been paying SS for 4 years now?
Originally posted by arabian View Post
Care to elaborate on your dispute resolution clause?
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So you have no clause about arbitration? Too bad. You might have been able to negotiate a binding arbitration which would get you to judge much faster (judge making final decision) thus avoiding all the trial management stuff.
So basically you are saying that you have already completed the 'dispute resolution' part of your agreement and can now proceed through the courts (which you are doing with the TMC)?
What was "disastrous" about your last court appearance?
It stands to reason that your ex will disagree with anything you put forward just because she can. So you have gained nothing through the dispute resolution process, case conferences etc? When do you get before a judge who can make a decision and render an Order? (seems like a lot of time-wasting).Last edited by arabian; 04-08-2015, 08:01 AM.
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Originally posted by nogoingback View Postjoint custody. I have slightly less than 40%.
I don't think termination will happen though.
You need to also argue though that your kids are in school, you take care of them a significant amount of the time and she has not made the best efforts.
I think you can expect to pay SS for 8 years IMO - on an 11 year marriage. Go for the termination though, say she failed to respect the agreement and is no longer entitled to spousal support.
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Originally posted by Links17 View PostYou need to also argue though that your kids are in school, you take care of them a significant amount of the time and she has not made the best efforts.
I think you can expect to pay SS for 8 years IMO - on an 11 year marriage.
Go for the termination though, say she failed to respect the agreement and is no longer entitled to spousal support.
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Originally posted by arabian View Post
So basically you are saying that you have already completed the 'dispute resolution' part of your agreement and can now proceed through the courts (which you are doing with the TMC)?
Originally posted by arabian View PostWhat was "disastrous" about your last court appearance?
Originally posted by arabian View PostIt stands to reason that your ex will disagree with anything you put forward just because she can. So you have gained nothing through the dispute resolution process, case conferences etc?
Originally posted by arabian View PostWhen do you get before a judge who can make a decision and render an Order? (seems like a lot of time-wasting).
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You will have to pursue financial disclosure sooner or later and you don't necessarily need a lawyer to do that. In fact, if she has a lawyer you will run up her legal costs. File a Notice of Motion for full financial disclosure. Be specific of what exactly you require (don't give her an 'out') and be sure to stipulate date she must comply by. You have to pursue this even if it means filing a motion for contempt. You will likely have to go back and forth a few times to court (because some judges are wimps in enforcing their own orders) but you need the information in order to go forward with anything else regarding SS.
I'd be very, very persistent about financial disclosure. Pepper her lawyer with letters.
Of course you have to remember to request costs in your motion.
Once you get full financial disclosure you can decide which way you want to go.
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Originally posted by arabian View PostIn fact, if she has a lawyer you will run up her legal costs.
I'd be very, very persistent about financial disclosure. Pepper her lawyer with letters.
Originally posted by arabian View PostOf course you have to remember to request costs in your motion.
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I have personally found it useful to have my ex owing me money in arrears/costs. Judges tend to take a second look at a file where one individual is continually being nailed with costs.
You say you "can't get blood out of a stone." Well maybe you have to consider a different plan as the one you have been using hasn't worked out very well for you so far. If your ex owed money to you for costs (as an example) it would be another reason why she should be working don't you think?
You have to be decisive in whatever you decide to do.
Good luck
PS - I don't see an article about a costs order, rather a blurb on something from July 2014 (Justice P.)Last edited by arabian; 04-08-2015, 06:09 PM.
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