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  • Trial and Child Support

    Has anyone gone to trial for child support only? Other party just doesn't want to increase support even though settlement conference judge, duty counsel, mediator say otherwise. We both work and get T4's from employers. Pretty cut and dry. What was your experience? I feel it's such a waste of time.

  • #2
    I think there have been but they also probably had a custody issue that was bigger. You may be better off searching canlii.

    The bigger question is, if the other party is being unreasonable, have you made an offer to settle? If you are headed for trial and they are unreasonable and lose, the offer will help you with costs.

    Out of curiosity, if the judge et al told them what was what, what are they arguing that they are willing to go to trial over support? You donít hear many cases of support only.

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    • #3
      Originally posted by rockscan View Post
      I think there have been but they also probably had a custody issue that was bigger. You may be better off searching canlii.

      The bigger question is, if the other party is being unreasonable, have you made an offer to settle? If you are headed for trial and they are unreasonable and lose, the offer will help you with costs.

      Out of curiosity, if the judge et al told them what was what, what are they arguing that they are willing to go to trial over support? You donít hear many cases of support only.
      I have made 2 offers to settle. Other party didn't like either. Both I imputed myself more than $20k just to make the litigation end. The amount imputed was the exact amount that the other party wanted me imputed to and was also in their offer to settle, so in essence I agreed to that amount hoping things would end there. Other party didn't like either of my offers. Now says I should be making at least $50k more. Everybody disagrees and told them that. Other party says they are 100% sure a trial judge will impute me. Other party is a narcissistic control freak.

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      • #4
        So you pay cs or you have 50/50 offset?

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        • #5
          Originally posted by rockscan View Post
          So you pay cs or you have 50/50 offset?
          50/50 offset

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          • #6
            So the difference in monthly support at the imputed income they want is how much per month?

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            • #7
              Originally posted by rockscan View Post
              So the difference in monthly support at the imputed income they want is how much per month?

              $325 difference

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              • #8
                Motion for a Summary Judgement. My lawyer keeps telling me itís easier to meet the threshold now. Your lawyer just needs to argue itís not a triable issue.




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                • #9
                  [QUOTE=Mom 2 Two;235750]Motion for a Summary Judgement. My lawyer keeps telling me itís easier to meet the threshold now. Your lawyer just needs to argue itís not a triable issue.

                  Pardon my ignorance but what is a Summary Judgement?

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                  • #10
                    Originally posted by AlmostThere_Hopefully View Post
                    I have made 2 offers to settle. Other party didn't like either. Both I imputed myself more than $20k just to make the litigation end. The amount imputed was the exact amount that the other party wanted me imputed to and was also in their offer to settle, so in essence I agreed to that amount hoping things would end there. Other party didn't like either of my offers. Now says I should be making at least $50k more. Everybody disagrees and told them that. Other party says they are 100% sure a trial judge will impute me. Other party is a narcissistic control freak.
                    Why are you only imputing $20k annual income on yourself? Do you have a valid reason to not be earning a minimum wage living at the very least?

                    Why does the other party say you should be making $50k more? Did you used to work at a job where you earned this much? What sort of education do you have? If you do/did have the capacity to earn this much, why arenít you anymore?

                    If the other party made an offer to settle based on an imputed income of $20k on you, why did you not accept it? What was different about your counter offer that caused the other party to turn it down?

                    A summary judgement is basically motioning for the judge to make a final order on any outstanding issues to avoid trial. You can only be granted a summary judgement if it is a VERY obvious decision, and the other party is wasting the courtís time by taking it to trial.

                    Based on what you are saying, you donít have a good case for a summary judgement, and the other party may be right in refusing your offer to settle. Unless you have a very good reason to not be earning the income you are capable of, I would start thinking about making a more reasonable offer than imputing only $20k upon yourself

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                    • #11
                      Originally posted by Selfrepmom View Post
                      Why are you only imputing $20k annual income on yourself? Do you have a valid reason to not be earning a minimum wage living at the very least?

                      Why does the other party say you should be making $50k more? Did you used to work at a job where you earned this much? What sort of education do you have? If you do/did have the capacity to earn this much, why arenít you anymore?

                      If the other party made an offer to settle based on an imputed income of $20k on you, why did you not accept it? What was different about your counter offer that caused the other party to turn it down?

                      A summary judgement is basically motioning for the judge to make a final order on any outstanding issues to avoid trial. You can only be granted a summary judgement if it is a VERY obvious decision, and the other party is wasting the courtís time by taking it to trial.

                      Based on what you are saying, you donít have a good case for a summary judgement, and the other party may be right in refusing your offer to settle. Unless you have a very good reason to not be earning the income you are capable of, I would start thinking about making a more reasonable offer than imputing only $20k upon yourself

                      Sorry, to clarify, I make $40k. I imputed an addition $20k to my income to bring it to $60k in my most recent offer to settle. I just wanted these proceedings to end. Also, $60k was what they wanted me imputed to at the start of these proceedings but now apparently they want me imputed to over $80k. I just can't win.

                      For the majority of my adult working years I've always made the same amount of money. I looked back 14 years at my NOA's and my average income is about $37k. Give or take a couple grand. I have never earned anywhere close to what they want to impute me to.

                      The judge, duty counsels, other lawyers have all said the same thing. This is not a matter for trial. It's straight numbers and I shouldn't be imputing an income for myself.

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                      • #12
                        Do you have any more conferences coming up?
                        I would definitely get a judges opinion about a summary judgement.

                        And no way should you be imputed income if you have never made more than 40k. How can you afford to pay support off of 60k if you only make 40k and have your kids half the time. What about other Section 7ís ?? What if they as for money for that too??

                        My situation is my ex stopped paying Section 7ís when itís already clear in our separation agreement that is 5+ years old what he is supposed to pay for. And he did pay for them for the first 3.5 years. He stopped paying because he moved. Still has same job/pay and that is not a material change. So my lawyer thinks there is not a triable issue there and keeps saying we will ask for a summary judgement.

                        If your giving all the facts and all those people say not to impute yourself income I think you qualify for it as well. Summary judgement. Just my opinion though.


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                        • #13
                          [QUOTE=Mom 2 Two;235760]Do you have any more conferences coming up?
                          I would definitely get a judges opinion about a summary judgement.

                          And no way should you be imputed income if you have never made more than 40k. How can you afford to pay support off of 60k if you only make 40k and have your kids half the time. What about other Section 7ís ?? What if they as for money for that too??

                          My situation is my ex stopped paying Section 7ís when itís already clear in our separation agreement that is 5+ years old what he is supposed to pay for. And he did pay for them for the first 3.5 years. He stopped paying because he moved. Still has same job/pay and that is not a material change. So my lawyer thinks there is not a triable issue there and keeps saying we will ask for a summary judgement.

                          If your giving all the facts and all those people say not to impute yourself income I think you qualify for it as well. Summary judgement. Just my opinion though.


                          We have a 3rd settlement conference coming up soon. Essentially just to say mediation didn't work and set a date for trial.

                          Thank you so much for taking the time to respond. I really appreciate it. Lots of useful information I wasn't aware of.

                          Re: your situation...doesn't seem like your ex has all their ducks in a row. They can't just make a unilateral decision to stop paying S7's. Wow. These people. I hope all works out for you. Keep in touch. I will let you all know how it goes. Good luck!

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                          • #14
                            Out of curiosity, why does your ex think you can make more? Have they presented any evidence? Are you self employed? It seems like a big jump and a pretty big fight for them to think you could make more to push it this far.

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                            • #15
                              Originally posted by rockscan View Post
                              Out of curiosity, why does your ex think you can make more? Have they presented any evidence? Are you self employed? It seems like a big jump and a pretty big fight for them to think you could make more to push it this far.
                              Because I work in I.T. ex thinks I should make more. Brought job postings from employment websites for jobs I am not qualified for. Judge said bringing job postings does not constitute my being imputed. I currently do software training which is a branch of I.T. Ex says according to my resume I could be working in a different branch of I.T. that would pay more. Thing is, the jobs ex is claiming I should be doing I can't actually do as I don't have the qualifications. I have a Job Skills contact and she said the jobs she would send me to have an average salary of $45k-$55k.

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