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I lost my job Nov 16,06 due to permanent layoff receiving 6 weeks severance.
Wife was paid CS in full till severance ran out. CS was $1300 per month.
Jan 07 Ex would not agree to a reduction in CS because I was on EI and she told me to take her to court.
My lawyer said he couldn't bring a motion in January as we had a Trial Management Conference in March and it was too close to that date.
I ran out of money and lawyer wouldn't represent me in court in March and I was on my own.
I asked for a reduction in CS at that time and judge told me we weren't here to discuss this.....for me to bring a motion.
After March count date I attempted to bring a motion on my own to reduce CS to current level of income.
Court clerks office told me in April that I couldn't bring a motion because we had a court date for Trial Scheduling Court on June 14 and I was to bring it up then.
On June 14 at the Trial Scheduling Court judge didn't ever let me speak.
He asked me what I felt about going to trial...... and I'm like "trial for what?
Status quo has been the same as it is now since separation....what are we going to trial for?
We have $18,000 in trust from the sale of the home and the Ex wants it.
I'm saying that it needs to go towards the joint debt which is over $40,000.
Regardless, I'm not a millionaire by any means.....in theory our case is very simple....3 issues!
Issue # 1 Child support...is it not geared to income? You make more money it goes up...you make less it goes down.
Issue # 2 Child custody...status quo has been established and the boys are doing great (A students) I have them about 38% of the time...and it hasn't changed since separation.
Issue # 3 Assets...Ex walked away from all debt since separation taking the family vehicle and never paying a thing towards debt since Dec 05.
Ex is verbally in agreement that she wants my time with the boys to stay the way it is.
Ex says she doesn't want spousal support.
Ex is however arguing that the house was sold at a time that I purposely knew we would get less money for it....I'm like "WHAT?"
What the hell would I do that for?
I'M GOING CRAZY HERE!!!
WHAT ARE WE GOING TO TRIAL OVER NOT TO MENTION BOOKING 3 DAYS WORTH OF TRIAL????
On the other hand....after all the agony of trying to file this motion and not getting anywhere I paid my lawyer $1000 to do up the motion for me and get me in to court to have it heard July 12th. I'm making $1400 on EI and the current CS order is for $1300 per month....they stared garnishing my Employment Insurance 50% and now I'm living on $313 every two weeks. My rent is $800 per month!
Now my lawyer just called me about an hour ago telling me that the court clerks will not let me file the motion because I have a trial in October.
YOU HAVE TO BE KIDDING ME?....I"M DROWNING HERE!
Why can't I go to court next Thursday as planned? I'm in hardship here!
Furthermore.....why are we going to trial?
DOES ANYONE HAVE ANY ANSWERS FOR ME?.....I'm needing help!
Kind regards,
Wife was paid CS in full till severance ran out. CS was $1300 per month.
Jan 07 Ex would not agree to a reduction in CS because I was on EI and she told me to take her to court.
My lawyer said he couldn't bring a motion in January as we had a Trial Management Conference in March and it was too close to that date.
I ran out of money and lawyer wouldn't represent me in court in March and I was on my own.
I asked for a reduction in CS at that time and judge told me we weren't here to discuss this.....for me to bring a motion.
After March count date I attempted to bring a motion on my own to reduce CS to current level of income.
Court clerks office told me in April that I couldn't bring a motion because we had a court date for Trial Scheduling Court on June 14 and I was to bring it up then.
On June 14 at the Trial Scheduling Court judge didn't ever let me speak.
He asked me what I felt about going to trial...... and I'm like "trial for what?
Status quo has been the same as it is now since separation....what are we going to trial for?
We have $18,000 in trust from the sale of the home and the Ex wants it.
I'm saying that it needs to go towards the joint debt which is over $40,000.
Regardless, I'm not a millionaire by any means.....in theory our case is very simple....3 issues!
Issue # 1 Child support...is it not geared to income? You make more money it goes up...you make less it goes down.
Issue # 2 Child custody...status quo has been established and the boys are doing great (A students) I have them about 38% of the time...and it hasn't changed since separation.
Issue # 3 Assets...Ex walked away from all debt since separation taking the family vehicle and never paying a thing towards debt since Dec 05.
Ex is verbally in agreement that she wants my time with the boys to stay the way it is.
Ex says she doesn't want spousal support.
Ex is however arguing that the house was sold at a time that I purposely knew we would get less money for it....I'm like "WHAT?"
What the hell would I do that for?
I'M GOING CRAZY HERE!!!
WHAT ARE WE GOING TO TRIAL OVER NOT TO MENTION BOOKING 3 DAYS WORTH OF TRIAL????
On the other hand....after all the agony of trying to file this motion and not getting anywhere I paid my lawyer $1000 to do up the motion for me and get me in to court to have it heard July 12th. I'm making $1400 on EI and the current CS order is for $1300 per month....they stared garnishing my Employment Insurance 50% and now I'm living on $313 every two weeks. My rent is $800 per month!
Now my lawyer just called me about an hour ago telling me that the court clerks will not let me file the motion because I have a trial in October.
YOU HAVE TO BE KIDDING ME?....I"M DROWNING HERE!
Why can't I go to court next Thursday as planned? I'm in hardship here!
Furthermore.....why are we going to trial?
DOES ANYONE HAVE ANY ANSWERS FOR ME?.....I'm needing help!
Kind regards,
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