Disheartened but looking for advice

[Disheartened]

I have a male friend who lived common law for twenty years in Ontario. He stayed for his son and left when his son moved in with his girlfriend. My friend and his common law spouse had nothing - no house, no property, no savings, no pension (besides CPP) and when he left, he left all the furnishings in their apartment and 2 months rent. He also paid off all their joint debt. Both worked throughout the relationship making a similar income and equally cared for their son. She worked for cash cleaning houses and hid a large portion of her income. It took 19 months to get to trial. Six months before trial my friend's wages were cut because the company he works for had gradually downsized from 40 employees to 6. He lost his overtime and a portion of his wage. The judge imputed his income but believed her incredibly low income despite affidavits and witnesses to the contrary. His lawyer said not to appeal because that would be too costly but that he would ask for a motion. My first question is what is going to happen at this motion? If the first judge imputed his income, what can we do so that the second judge doesn't do the same thing? The FRO is going to start taking 50% of his net income which will leave him without enough money to even cover his rent. Plus in 4 months the judge has ordered him to give her a lump sum for back support payments. We have copies of all the jobs he has applied for which show the average income his job pays (which is what he is making now) and articles about the steady decline in employment in the industry in which he works. We have all his bank statements to prove he is not hiding money and a letter from his boss. We also have current payroll stubs and copies of his bills and his rent. He is 42, has a grade 10 education and no formal training. He has had to return the truck he was leasing so now he no longer has a car and he has cut his expenses to basically nothing. He has nothing to sell and no savings but the judge expects him to give her over half of his income each month and give her a huge lump sum almost immediately. He can't get a loan because he has no way to pay the money back but none of this seems to matter to the courts. The judge seems to believe he is lying and she is telling the truth even with all the documents we keep providing. Any help on what he should do to prepare for this motion would be greatly appreciated. My second question is regarding the FRO. If he pays 50% of his net income but not the entire monthly payment and none of the arrears what will happen? I hear they can take his license and send him to jail. Does anyone know how long this takes to happen? Thanks for your time and I love the site. I think it really helps a lot of people to know there are others out there who are in the same situation and are willing to offer help and advice.

[cigar7]

Advice?

Maybe he should file bankruptcy? and then apply for welfare.

This situation seems typical of the type of justice men can expect from the Canadian legal system. There is virtually no fairness in the Canadian legal system for men in divorce or separation cases. In my opinion, the judge in the preceding case should be fired and disbarred.

[logicalvelocity]

Maybe he should file bankruptcy? and then apply for welfare.

Support orders survive bankruptcy. Only way to vary the order is to bring forth a motion to vary same due to a material change of circumstance.

There is virtually no fairness in the Canadian legal system for men in divorce or separation cases. In my opinion, the judge in the preceding case should be fired and disbarred.

That is a common complaint. We don't have a perfect family legal system, but it is the only one we have. What if Judges were elected by the public rather than appointed; Do you think they would decide matters differently?

lv

[jq55]

There is no bankruptcy protection against support orders, he would still owe the money. My ex-wife has continually reduced her income over the years, working fewer hours, as mine has gone up through hard work and investing in education. This way she can force me to pay a much larger percentage of our childrens education espenses, she pays virtually nothing, while she gets child support with no child related expenses (the kids live away at school) . My lawyer raised this whole issue of her not taking financial responsibility for her children and actually profiting from child support (she is using the money to buy a rental property) but the court wasn't interested. FRO will take the prescribed amount, regardless of the percentage of income even if it means 100% of his net pay. If he doesn't pay they will file a claim with a collection agency, destroying his credit rating, take his DL and in some extreme cases he can go to jail. You need to get the original order overturned through the motion and get the child support award to be more in line with his income. Good luck.