quick question... hopefully quick answer

[dg_sch]

I can't remember, do I serve the respondant with the originals or with copies of originals? Hopefully I can get a quick answer I have to drop the forms of to my process server this evening.

Thanks

[logicalvelocity]

Originals are always filed into the record, copies are served! Don't forget to make yourself a copy!


lv

[dg_sch]

Thanks LV. Heading to court the 22nd for an emergency motion to get an order allowing me to travel to the US with my children.

[logicalvelocity]

Thanks LV. Heading to court the 22nd for an emergency motion to get an order allowing me to travel to the US with my children.

I don't know the details but your request appears reasonable to me. I'm guessing its for a vacation being this time of year and everything. Be sure to see full costs. of the action.

good luck


lv

[paris]

dg, I remember your post about the trip to Florida. Are you fighting to take both children? The 11 year old might change his mind. Try to keep the option open for him.

Keep us posted. I'm interested in how you make out.

[dg_sch]

As of today they both (11 yr old and 15 yr old) want to come on this trip. The order I am seeking is to prevent her from denying me access for this vacation. They have been sneaking over to my house the past couple of evenings to see me and watch the Disney promo DVD.

[logicalvelocity]

A trip to disneyland for the kids is almost like a trip of a lifetime. Move the matter with the courts and be sure to seek full costs.

In hindsight, request a secondary order that the children's passports be in your control for the duration of the vacation.

lv

[dg_sch]

Can full costs be requested if it's not on the papers filed? Can I request cost for the passports which she had cancelled after I had taken the time (and money) to apply for them or would this be deffered to small claims?

[logicalvelocity]

I think what you may have to do is file more paper work that can address the costs issues and issues of the passports. The court would probably hear all the issues at the same time. Check with the courthouse clerk where you reside on their in house procedure for such a circumstance.


lv

[standing on the sidelines]

They have been sneaking over to my house the past couple of evenings to see me and watch the Disney promo DVD.

I am not so sure it is a good idea for them to be sneaking around like that. I realize the CP is being unreasonable but what is this teaching them?? When they think you are beng unreasonable on the trip are they going to sneak away from you there? Their thought process may be that it is accepatable behaviour because you allowed it before.

[attila40]

Child and Spousal Support

Hi,

How much do I expect to pay spousal support to my ex-common-law. We became common-law in Nov 2005 and we splitted Feb 2008. We have 3 daughters together within these 2.5 yrs. How many yrs do I need to pay for her spousal support? I am already paying child support for my 3 daughters. She is their primary care. I have my daughters every Friday morning -Sunday morning.

Thank you.

[logicalvelocity]

Without knowing facts of the case, it might be difficult to determine if you are able to provide support to your former spouse. Support of children is a paramount consideration before any spousal support is awarded. It also appears that you have some sort of split custodial regime in place for the children. Having said that you might be entitled to some reduced child support if the children are in your care and charge more than 40% of the time.


lv

[attila40]

I have my daughters every wknd, so in total 12 days/month. Child support I don't have an issue with, my concern is spousal support, her lawyer insisted she gets it until she dies and I said no way, we were never married so she will only be entitled the 2.5 yrs we were common-law according to CRA. My lawyer agrees with me too.

[logicalvelocity]

Off course the other side is going to ask for huge amounts. Have your lawyer run your income and her respective income through Divorce Mate with the particular facts of your situation. It is quite accurate and the courts often refer to Divorce Mate Calculations as a guideline. Keep in mind that disparity in income (Need v. Means) is a significant factor in spousal support awards with first consideration given to the children.

[Kimberley]

Sorry to revive an old thread, but I'd be more concerned about why they feel they need to sneak in the first place.

When my ex first lived within walking/biking distance from the kids & I, I never had an issue with them visiting as long as they made me aware they were going, how long they would be gone for, and call me when they arrived so I know they got there safely.
Of course that didn't last long and he started his distant moving after a few months so they were not able to go see him unless they were driven there or picked up.