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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-30-2017, 10:07 AM
triplejjulius triplejjulius is offline
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Default Case Conference Request.

Hi All,

I recently let my lawyer go-didn't feel she was acting in my best interest and lost trust in her. I do not plan on retaining a lawyer full time for now. We see what happens at CC.

I am about to schedule a case conference for spring 2018-specifically to deal with Financial issues and Equalization and possible sale of the Matrimonial home in a subsequent motion. There is neither an agreement nor a court order on any of the outstanding issues- Current access schedule with our kid is 50-50.

The OCL got involved due to the high conflict situation coming out of the separation and recommended 50-50 access arrangement . However the OCL did not make a recommendation on custody due to various issues surrounding communication at that time which has gotten better. Prior to the OCL involvement my ex had 80% access time.

I currently pay child support. Paid at full guideline for 2 years - began paying right after separation but when access time changed to 50-50, I asked my ex for offset child support and she said no. Long story short I imputed an income on her and for the past 9 months I pay offset based on the imputed income.

Ex refuses to share a copy of her income and obviously would do anything to avoid court because she sitting on the matrimonial home with lots of equity in it. Household debt -she refuses to acknowledge it because I foolishly put most on my credit card.-but there is some evidence that she knew.

QUESTION: Can I request a case conference to specifically deal with the Financial issues alone? and can the opposing lawyer ask that all outstanding issues be discussed at CC. Is it a must that all outstanding issues be discussed at case conference. I am trying to be focused on issues one at a time. Is this a bad idea.
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Old 09-30-2017, 10:32 AM
Stillbreathing Stillbreathing is offline
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Case conferences are time limited and short. Not enough time to discuss EVERY issue. Focus on the two or three most important issues you feel will move the case forward. Keeping in mind that if they are unresolved after CC you can then bring a motion to have an order made. Issues must first be discussed in CC before you can bring a motion. For example, the matrimonial home. You want it sold? Discuss at CC. STBX says no? Go to a motion and get an order to force the sale.

That being said, be aware that once you get heavy handed in family litigation with orders that "force things to happen, you get natural consequences that flow from doing so. These consequences may include spin off consequences which you had not intended. Such as if you force the sale of the home where will your STBX and kids go? A friend (who later becomes her boyfriend?), a hotel? Her parents? A neighbouring city? Another province? Another country? Homeless?

Just a warning. Think of all the doors you didn't mean to open when you get an order forcing something.
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Old 09-30-2017, 11:57 AM
rockscan rockscan is offline
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Remember too that the point of a case conference is to get the parties to settle. Which means the judge can make an interim order for disclosure.

When you do your paperwork make sure you put in that you are requesting disclosure of all the information you are allowed like her income and current status of all household debt/bills.

You can also ask for interim orders like off set child support etc. It may not happen but this is an opportunity to have a judge school her.

Even if she has representation that doesn't mean they can bully you. You can stick to your argument which would be following a reasonable (legal) path and still be true. Some lawyers try to bully self repped litigants. Don't feel you aren't good enough.
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Old 01-20-2018, 06:02 PM
triplejjulius triplejjulius is offline
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Case conference is set for Mid March. I requested case conference in Oct 2017 and I am the respondent. I am self representing and I have couple of concerns /questions. I'll appreciate advise as to the probability of a judge ordering me to pay full guideline child support at CC. Also If I decide I want to change the date of CC to say June 2018-do I need consent of ex's lawyer's. Here is why I am asking


1. Ex has been refusing to disclose her current(2017) income for the purposes of determining non-court ordered child support. There are currently no court orders yet in our case. I asked for a her current paystub-no luck.
2.Ex began new employment in Aug/Sept 2016 and she presented me with her 2016 NOA in June 2017 which showed she made $17K. I made $140K during the that year. Before Sept 2016 she was not working. We were married for 5 years.
3. I paid full guideline CS from separation in Mid 2015 until July 2017 when I requested offset CS . Ex refused. I have D1 for 50% of the time-including sharing of all holidays. After July 2017 I imputed income of $45K /year on her and paid CS offset based on my income


How likely is it that a judge will order her to provide her 2017 actual income based on paystub. Income tax NOA for 2017 -she can claim are not ready yet. Should I be moving this CC to June/July 2018 to avoid a situation whereby a judge looks at her NOA for 2016 compared to mine and decides to order full guideline CS based on this alone.
Also I want to discuss equalization at CC. -since I am paying on huge household credit card/loan debt every month.
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Old 01-20-2018, 09:25 PM
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Rioe Rioe is offline
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Quote:
Originally Posted by triplejjulius View Post
Case conference is set for Mid March. I requested case conference in Oct 2017 and I am the respondent. I am self representing and I have couple of concerns /questions. I'll appreciate advise as to the probability of a judge ordering me to pay full guideline child support at CC. Also If I decide I want to change the date of CC to say June 2018-do I need consent of ex's lawyer's. Here is why I am asking


1. Ex has been refusing to disclose her current(2017) income for the purposes of determining non-court ordered child support. There are currently no court orders yet in our case. I asked for a her current paystub-no luck.
2.Ex began new employment in Aug/Sept 2016 and she presented me with her 2016 NOA in June 2017 which showed she made $17K. I made $140K during the that year. Before Sept 2016 she was not working. We were married for 5 years.
3. I paid full guideline CS from separation in Mid 2015 until July 2017 when I requested offset CS . Ex refused. I have D1 for 50% of the time-including sharing of all holidays. After July 2017 I imputed income of $45K /year on her and paid CS offset based on my income


How likely is it that a judge will order her to provide her 2017 actual income based on paystub. Income tax NOA for 2017 -she can claim are not ready yet. Should I be moving this CC to June/July 2018 to avoid a situation whereby a judge looks at her NOA for 2016 compared to mine and decides to order full guideline CS based on this alone.
Also I want to discuss equalization at CC. -since I am paying on huge household credit card/loan debt every month.
If you have 50% of the time with the child, the judge is going to order offset CS. Your ex can't just refuse that. I assume that's why you're going to court? As your income is so much higher than your ex's offset CS may feel like full table CS though.

What I don't understand is why you are assuming a $45k income when she disclosed $17k? Once initial agreements are done, CS is usually updated annually and that's it. You guys updated in June 2017, by the sounds of it, so a judge would likely just expect you to update again in June 2018.

However, if you're going to court, financial disclosure is going to be required for it. So you'll find out her income then. She may delay it until past July 2018.

Meanwhile, keep paying offset with the $17k disclosure of her income. If it isn't resolved in court and she hasn't updated in June 2018, I suppose you could just start paying based on your $45k guess. If she actually makes less, that's incentive for her to disclose the real amount (and you may end up owing her money). If she makes more, at least it will come out in court (and she'll end up owing you money).
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Old 01-21-2018, 02:21 AM
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Tayken Tayken is offline
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Note:

1. Financial disclosures you are requesting CAN be ordered at a Case Conference. REQUEST THEM. See this thread: http://www.ottawadivorce.com/forum/s...ad.php?t=17239

2. Child support can be ordered at a Case Conference but, that happens rarely and especially if #1 has to happen. Imputing income can't happen because that requires evidence to be put forward and the process of income imputement is a substantive issue. The ordering of child support against the tables is not... But, that would require solid Form 13's to be in place from both parties... Generally if that is the case people settle on CS.

3. A judge can only deal with technical orders at a CC so, you should clearly articulate the orders for disclosure you are looking for at the CC. All the other issues generally require a motion to determine. So stick to the financial disclosure requests and things a judge can deal with. Ignore the other nonsense.

4. Case Conference Briefs are thrown out and are not part of the continuing record. They contain 90% bullshit to try and "scare" people. Most judges only really look at the requested orders and ignore the often not-so-brief pages of nonsense about they-said i-say bullshit.

Good Luck!
Tayken
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