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  • What is going on? My next step is?

    Have a situation here and hoping someone can help...

    The ex and I have had a long and expensive court battle for the last two years. Nothing much has happened legally in that timeframe except both of us ran out of money and really we're still very much at opposing views and not much has been solved in that time. Ex has been self-repped for about the last half year and I just went self-repped a few weeks ago. Two things are going on right now;

    1) Ex has brought on a separate motion to me for section 7 expenses going back 11 years. Have had a court date with my lawyer at the time with this (might have been a settlement conference? I'm not sure what it's called - we just went to court to have the judge hear her side and to justify the expenses) with my side saying it's all nonsense and the judge saying that she has some serious issues with the types of expenses ex has put in her motion and for us to try to work it out. Needless to say, ex's position is pay 100% of what she is asking for, that's non-negotiable to her.

    2) We have decided to just stop the court fight in regards to my motion, the one that has been going on for two years. I have the Notice of Withdrawl form here and am ready to serve it (the trial is 2nd week of Feb) but before I do am hoping some of you can offer some advice, my red flag detector is pinging away here.

    Ex has to serve me with new papers in regards to filing an updated section 7 expenses list for the upcoming court date at beginning of Feb. She has been asking me for the last 2 weeks to serve her with the Notice to Withdraw so she can then afterwards serve me her papers. She is not serving me her papers until I serve her and file my Notice of Withdrawl. My question and the thing that is setting of my radar is WHY?

    There is an OCL involved and I have spoken to him about stopping the case and he is waiting for me to serve him the Notice of Withdrawl as well so he can stop work on the case, OCL has noted that until I do he is obligated to work on case.

    Any suggestions? If you need more information or clarification, please ask.

    Thank you!

  • #2
    Lawyers love people like you.

    Can you give a summary of your situation? Years married, #kids, etc.

    At a glance, and I'm no lawyer no have any experience personally with child custody, I'd say someone claiming Section #7 expenses for 11 years might be considered a "windfall" but then you probably already know that.

    How long has your litigation been with your ex?

    Some people get off on staying connected through lengthy litigation.....

    Comment


    • #3
      Haha - if nothing else it's been a learning experience - a very costly one at that! $30k and two years and if anything the situation is worse now than when it started.

      We were married just under 10 years, lived together for a few years before that and have one child who is 13 (and a half if you were to ask them!). This round of litigation has been two years but ever since we broke up ex has been combative. Wish I could say otherwise and am not the first and definitely won't be the last in this situation

      Agree with your last remark. My current partner keeps saying that since my ex is self repping it costs her nothing to come after me so why not? She released her lawyer just before filing her section 7 expenses claim. Our thoughts are her lawyer tried to convince her that it would never fly so she's going it alone. Doesn't change the situation that here I am trying to defend myself against it and have run out of funds.

      Still, my red flag radar is pinging away. Something isn't right with her not serving me until I serve and file my withdrawal first. Something fishy is in the air.

      Thanks for replying Arabian!

      Comment


      • #4
        What is your originating Motion for?... the one which your ex is requesting you file a withdrawl?

        Comment


        • #5
          when did you and your ex separate????

          Comment


          • #6
            Sounds a bit of tit-for tat.

            Someone filing for 11 years of retro section 7 should be taken seriously?

            Please provide additional information.

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            • #7
              Well, the court appearance has come and gone and judge was sympathetic to my side. It was looking like it could go one way or the other for a bit but when I pointed out the ex was double-dipping in her math it was all over.

              Now, onto the next step in this nightmare

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              • #8
                The judge's response to her claims for 11 years of expenses....?

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                • #9
                  @Blinkandimgone

                  A lot of the expenses were considered a normal part of child support. Part of what she was trying to claim was my child support was just that and EVERY expense was additional on top of that. Then she was trying to get extra monies out of me for medical expenses even though she has insurance but she still wanted me to pay on the full pre-insurance costs (there's that double dipping), and so on.

                  Her strategy was to 'ask for everything and then get something' but it didn't work.

                  Comment


                  • #10
                    Thanks for the update, I was very curious to see how that was handled!

                    Comment

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