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Custody = License to misbehave

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  • Custody = License to misbehave

    From https://www.canlii.org/en/on/onsc/do...6onsc1818.html

    [18] As for the termination date for spousal support, Ms. Phillip has known since late 2014 that he was pursuing a change in support. As the many attendances above indicate, this matter has gone on almost 18 months. While she has known from the outset that a termination of spousal support was possible, she continued to resist and to a certain extent, she contributed to delay. I find that it is reasonable that spousal support be terminated effective October 23, 2015 which was the case conference I adjourned.
    So, spousal support should have terminated in 2014. Because the recipient stalled, she got an extra year of support, and the judge let her get away with it because... well, who knows. Payors certainly never get away with underpayment.

    But wait! It gets better!

    However, that would create an overpayment that would have an impact on the payment of child support. For that reason, I will make the termination of spousal support effective April 1, 2016.
    As many of us on this forum already know, parents with custody are already mostly immune from paying costs. This one is a new wrinkle though, apparently custodial parents are also shielded from any negative retroactive adjustments.

    Sometimes, reading the case law makes me ill.

  • #2
    This almost exactly happened to me. My trash ex-wife chilled for 3 years taking vacations and even though the alimony was supposed to terminate 2015, the judge just cut it down over time and terminated it the following year.

    This is EXCEPTIONAL in family court, there is NO other area where EVEN if you fail to show a change in circumstance that the judge will STILL modify the original order. It is a veritable proof of bias....

    In the grand scheme of things she will be on welfare (or somebody's pet/slave) and what not and I will have a good standard of living but it still isn't justice...

    Comment


    • #3
      Originally posted by Janus View Post
      As many of us on this forum already know, parents with custody are already mostly immune from paying costs. This one is a new wrinkle though, apparently custodial parents are also shielded from any negative retroactive adjustments.

      Sometimes, reading the case law makes me ill.
      I don't disagree but, the challenge with this case is this:

      COUNSEL: Self-represented, Applicant
      Self-represented, Respondent
      I wonder what impact having a lawyer on this would have had. This may be more of an issue of a self represented litigant getting the short end of the stick more than a "custodial parent" getting away with something... Or it could be both issues at once.

      PS: Don't read anything involving the CAS. That will truly make you ill. I have lost all hope for CAS and their ability to execute their mandate after reading case law.

      Good Luck!
      Tayken

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      • #4
        I'm surprised that the 2nd case conference judge was also the hearing judge and that he made the final judgement. I thought case conferences and their materials were to be trashed and a fresh judge had to be assigned for each step (i.e. case conference, settlement conference, trial mgmt. conference). How does this work? Under what circumstances can a case conference judge conduct a hearing and make a final order?

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        • #5
          I always wondered why a local family law lawyer sated to me "our judges are sexist and that makes it very difficult for us to represent fathers".

          Comment


          • #6
            In divorce, kids = money. You get the kids, you get the money. No questions asked, no strings attached, no qualification needed.

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