Case Conference ?

[pearl4]

Hi

Not understanding case conference. My x made 4 offers late last fall and my lawyer said at the time he was correct in his calculations.

He wants support so my lawyer said don't even look at that. My lawyer has made it firm to them he does not agree and we will go to court on it if he pushes it. My x is taking me to court in June and my lawyer said tell me what you can agree on in his offers. I said sell the house and pay off the loc. I don't get why we are going to court and my lawyer is not saying to me I've looked at these offers and this one looks good.

My x wants me to release all claims to his pension and if I take a lump sum I will be paying huge taxes as well as he will get the benefit on his taxes so just don't feel I'm being advised well. I get they make more money by going to court and he has been fair thus far, but I'm leary.

My lawyer also wants to have my brother and SIL as power of attorney but this is giving a lot of control away. What will the judge be doing that day and will decisions have to be made right then and there? I have heard I can have my brother and sil outside the door and can ask if they can come in, but it will be up to the judge so taking a chance on that one. Could I not just go out and ask them on what to do? Not sure how all of this works.

Also said to my lawyer last week about benefits. He said oh you will continue to get benefits. I said I can't once we are divorced. He said well then he will pay for new ones or stay separated. Just don't feel informed.

Any suggestions would be greatly appreciated.

Thank you.

[MrToronto]

Conferences are expensive when both parties are lawyered up, from what I've read both parties are haggling on the finer details of issues and seem close to settlement.

You SHOULD inquire with a financial advisor (banks are loaded with them) because of your thinking around taxes on a retirement buyout.

A Tax Free Saving Account if you haven't contributed has $35,000 (approx) contribution room along with the Goverment changing the rules so peeps can put in 10,000.00/year now.

Everybody has past RRSP contribution years built up.

I'm not a financial advisor, but I'd check with one, they are very creative

Find a way to settle and get rid of those blood sucking lawyer (s)

[yhm]

Sound like you and your lawyer are not communicating. Do you trust your brother? Perhaps he can explain what is going on. Perhaps you should consult with another lawyer.

The Case Conference is just a small and relatively inconsequential part of the court proceeding. You need to get a better grasp on your overall strategy.

[annapurna66]

No final decisions will be made day of CC unless you agree to it. How effective CC's are depends on the judge. Some are helpful and some are a waste of time. One thing is certain...with a lawyer they are all expensive. I was not allowed to have anyone at the CC with me. People can sit outside though. Not all insurance carriers will cover spouses that are separated... if your ex is an as$ and tells them (like mine did) that you are living in separate homes you may get cut off any benefit plan. Look at the offers carefully...maybe you could agree to part of it??

[pearl4]

Problem with 4 offers are they include spousal?

I would like to look at an offer before court but when I look at the 4 offers that my x made and remembering when they came in last year, my lawyer said he is correct in his calculations (used divorce mate).

Since then though I know my lawyer looked at it at Christmas time and said he does not agree with him going after support from me and has sent a letter telling them this and if they want to pursue support he will have to take me to court and let the judge decide. I'm on a disability until 65, private, they will gross it up, so I do make double him. He is 54, retired at 50 and capable of working, has a business which shows he is capable, but just piddling in it, he has a pension rest of his life, I have none, lawyer said you are a woman and it just looks bad that he is trying to take money from a disabled person. He is also showing a need of $11,000.00 which my lawyer says is not much of a need and he is making it fine on his own. If he were to go and work part time he could make $11,000.00.

So in the offers he has the support calculated in and what he would pay me so my lawyer said to me look at the offers and tell me what you can agree with. I said sell the house and pay off loc, but when I went over them again last night and looking at what he actually does owe me none of these offers work because of the support issues in place. All I know is we are going to court but shouldn't my lawyer be advising me on the offers?

Also thinking if I have say $200,000.00 in RRSP's I can transfer half to him so this gets rid of tax implications later and he will owe me cash up front. To me this is fair by splitting them and it's not my problem if he has no money. He has his pension. He also wants me to release all claims to his pension but there is a survivor in which I would get 75% of his pension if he passes away before me so I do not want to release his pension.

Benefits cease if we divorce so my lawyer said he either stays separated or he buys you a new package. I didn't think I could get benefits but he was adamant about it. I do need my benefits because of health and we were married for 26 years. I have a court order in place if he tries to cut them.

If I have a power of attorney they will be allowed to come into the court room. I can ask the judge when I'm there is someone can come in, but taking the chance he/she will say no.

Thoughts?

[arabian]

Keep equalization separate from SS calculations.

I am no lawyer but I was married for many years (30) and in a situation where the incomes are likely to fluctuate, such as yours when you turn 65, it is common to simply stipulate a review of the SS at that time. Why make it any more complicated than it has to be? If you make more than he does at this time you would pay him. At age 65 he would pay you. You simply exchange full financials once a year.

As far as I know your medical benefits would be part of the SS calculation. If he isn't willing, or unable, to keep you on his benefit plan then the amount that it costs (get quotes) is deducted when calculating how much SS you would be paying him. I don't know where you live but there are many private insurance benefit plans as well as Blue Cross are there not?

Of course if your disability covers specific out-of-pocket expenses you would deduct that prior to calculating how much SS you pay him (homecare expenses etc.).

And of course on top of all this the lawyers should be looking at tax implications for the recipient of SS. So this year your ex would have to claim SS income and you get it as a deduction. Once you turn 65 and he pays you then he gets the deduction and you pay the tax on it.

I still don't understand why you need a Power of Attorney. Doesn't say much for your lawyer - can't your lawyer represent your interests? Am I missing something?

[yhm]

Pearl4,

You are getting lost in the details here. Can you talk to somebody? I asked about your brother.

There is no point going into the details until you have the overall picture and an overall strategy. If your ex's requests are frivolous, you have to resist. But you need to step back quite a bit from the details and try to see/convey the big picture.

If you don't have somebody you can trust, try to tell us in five sentences what your situation is, and what the issues are. That's the same thing the case management judge will want at the case conference.

[pearl4]

Support issue and signing off on pension

My x wants support. My lawyer says no. He has a pension, I don't. I get paid for 11 more years, until 65. He retired at 50, is now 54 and only showing a need of $11,000.00. My lawyer says that's not much of a need, and he has a business which shows he is capable of working. He says it's just a hobby but he could make more if he wanted to. Working part time and minimum wage could make up his need. A lot of people work after they retired. He was a cop. He wants to makes money off of a disabled woman and my lawyer says that just looks bad. He wants a minimum of 2000 to 3700 a month. At 2000 a month he would make more than me. He wants me to sign off on his pension. Married for 26 years. I am entitled to a survivor pension if he passes away before me so no way I'm signing off. He will have to buy me a new package or stay separated which neither of us want in order for me to get benefits. My lawyer said I will be getting benefits. Sorry more than 5 sentences.

[arabian]

What is your current income tax position? Worst-case scenario is that you pay some SS for a while but you claim 100% of it on your taxes.

You seem to be hung up on the benefits thing. If he cuts you off the benefits and if it amounts to 1500.00/month that you need for meds etc. then that would offset any SS he hopes to receive. You would exchange full financial disclosure every year (make sure it's that and not just income tax return). Set the review date for every 5 years or when your disability ends (you said 11 years from now).

What he "wants" doesn't mean that's what he gets LOL. You are sounding much more confident in your recent posts. Good to hear.

[yhm]

Pearl4,

You are lost and grasping for more help than this forum can offer. That's why I asked you if you trust your brother. I certainly don't want to push you to him if you don't, but if you do and he's willing, discuss with him what's involved, including the advisability of giving him power of attorney so he can stand in your stead.

[Beachnana]

Why do you need divorce papers? Just thinking if you just stayed separated would your benefits continue?

So sell the house and split the money, put as much as you can into some aort of shelter. ( work with a fianancial planner rather than a lawyer)

Split the RRSP's. Again work woth a finanacial planner.

Divorce is much like marriage. Its a peice of paper. Of its not financially spind to divorce and you have no reason to divorce then quit paying a lawyer to divorce you.

Is that just too simple. Or did I miss something?