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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 12-15-2017, 05:53 PM
RKM RKM is offline
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Exclamation Judge Endorsement - Can you dispute it?

Hello,

I had an uncontested trial after a year and a half of no response. Now that the divorce is final... I received a letter from his lawyer stating that my ex has the "intention to contest the Endorsement".

Can he contest it? The 31 Days is up... and we are officially divorced. In the letter it also states that he had joint custody, which he never did. And that he wants to impute income on me to not have to pay spousal support. Which whatever, it's not about the money he doesn't pay it as is... I was just wonder if that's the grounds he is going to reopen the case on? Like I am confused, I don't make an income at all and am a student... so I am not sure how he could impute income onto me if he tried.

Just so frustrated... it took a year and a half to get closure, and now he is trying to reopen it all up again, after not participating in the first place!

Any advice / input would be amazing right now.
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Old 12-15-2017, 06:59 PM
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arabian arabian is offline
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There are a few words in your post I need clarification on:

Trial - you actually went to trial?

Uncontested divorce - so you didn't go to trial, you filed for divorce and were granted the divorce after waiting one year? Your ex didn't respond so a decision was made and divorce was finalized?

Spousal Support - so your ex, in the divorce judgement, was ordered to pay spousal support?

Endorsement - please elaborate.

Thanks
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Old 12-15-2017, 08:14 PM
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Hello,

Thank you for replying.

Trial - Yes, I had an uncontested trial.

Uncontested Divorce - Was also one of these, but was done after trial/separate from the trial, the trial concerned child support, custody, spousal, and matrimonial home.

Spousal Support - Yes judge's decision in the uncontested trial, which carried over to the divorce was for him to pay spousal support.

Endorsement - since it was an uncontested trial, the judge reserved judgement to go over everything, and decided gave her "endorsement" aka draft court order ... which rulings carried over to the divorce order at a later date.

Thank you again.
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Old 12-16-2017, 01:18 AM
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arabian arabian is offline
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I just skimmed over some of your older posts. So you are a mother of three. Why are you not receiving child and spousal support? Are you not registered with FRO? If your ex has money to pay a lawyer he has money to pay you.

A person can pretty much dispute anything in family court. However, whether or not one is successful is another thing.

If your ex was going to dispute the endorsement why did he not just go ahead and do so? Having a lawyer send out a letter is kind of lame IMO. I'd ignore it until you are actually served formally. After you are served then get some legal advice.
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Old 12-16-2017, 05:47 AM
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I agree with arabian..until you are served papers dont stress over it.
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Old 12-16-2017, 01:35 PM
Ottawamom Ottawamom is offline
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I have yet to receive my package from FRO to enforce it

And thank you for the advice. He didn't even legally change his representation with the courts yet either... so I know it's not at the "serious" place yet. The way it is phrased just makes me feel like they are threatening to fight my spousal support if I don't give him joint custody "back" (when he never had to begin with). Where as if I do give him joint custody, they will let me keep it.

But, I am more worried about the well being of my children right now. I am not nervous about losing the case, part of the reason he never participated was the mountains of abuse, police reports, and CAS intervention... just the fact that he can drag this on and crush me financially through the lawyers is depressing when I am already struggling to provide. I just want closure, and I thought I had it.

Sorry this turned more into a rant.
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Old 12-16-2017, 06:23 PM
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Here is the FRO registration package (available online)

Ontario Central Forms Repository - Form Identification

Have it enforced and then go from there. Child support and Spousal support are two separate things.

Sounds like he is trying to intimidate.

What is your understanding of difference between sole and joint custody?
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Old 12-16-2017, 10:34 PM
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Sole - I have the final decision making but am to inform him on everything... which I do.

Joint - It is a joint decision making?

The reason I do not want joint is because he uses it as a way to control / have power over situations even without any decision making. He was / is very abusive.

Btw, sorry Ottawamom is the account I have on my phone couldn't remember my PW bleh.

And FRO package, I don't have the number so I don't know how to finish filling it out
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