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I am a single mother of 3 children. When I divorced over 5 years ago, it was an agreement that was made at the 'wire', we were about to go to trial and it would have been very difficult on my family. My ex put some 'phantom debts' in his financial statement document and although the final court order demands that he provide bank statements he has refused to do so.
I unfortunately was laid off around the time of the divorce and have been working at 1/3 of my previous salary although I am continually trying to find a better job. My lawyer at the time suggested that I agree to take the net property equalization - not pay my ex anything (because he was continually being fired from his jobs so in the end he was entitled to half of my pension), instead of child support. I thought that once things settled down and I saw the bank statements (he had secret bank accounts all over) then I could revise it.
Now I have the children full time because he finally got a job out of province (thank goodness) and so he's not even exercising full visitation and my salary is so low I'm having difficulty supporting the family. I am going to case conference for a Motion to Change based on salary/income change and the children being full time with me.
I was hoping someone could help me with a few questions.
- can I bring up the information about his incorrect information on the financial statement from before if I haven't put it in the recent affadavit - although it's in the previous record?
- in his lawyers' response to the motion, he says the net family value was a certain amount - thousands of dollars, but I can't figure out how to determine the net family property (I don't even think there was a document showing that - just the financial statements with debts and assets. Could someone please explain a simplified way to calculate this? If my net family property shows $10,000 does that mean that I would normally owe him $10,000? It shouldn't be that hard but for some reason I'm having difficulty.
- I am not asking for retroactive child support back to the date of the first order, just since he left and I have had the children full time with only his visitation occuring every few months.
I am representing myself because I can't afford a lawyer and legal aid is very hard to get now even at my salary. I have already been in front of a judge (which was very intimidating and serious) and it went well. Does anyone have any suggestions or possible issues that I may encounter?
Many thanks
I unfortunately was laid off around the time of the divorce and have been working at 1/3 of my previous salary although I am continually trying to find a better job. My lawyer at the time suggested that I agree to take the net property equalization - not pay my ex anything (because he was continually being fired from his jobs so in the end he was entitled to half of my pension), instead of child support. I thought that once things settled down and I saw the bank statements (he had secret bank accounts all over) then I could revise it.
Now I have the children full time because he finally got a job out of province (thank goodness) and so he's not even exercising full visitation and my salary is so low I'm having difficulty supporting the family. I am going to case conference for a Motion to Change based on salary/income change and the children being full time with me.
I was hoping someone could help me with a few questions.
- can I bring up the information about his incorrect information on the financial statement from before if I haven't put it in the recent affadavit - although it's in the previous record?
- in his lawyers' response to the motion, he says the net family value was a certain amount - thousands of dollars, but I can't figure out how to determine the net family property (I don't even think there was a document showing that - just the financial statements with debts and assets. Could someone please explain a simplified way to calculate this? If my net family property shows $10,000 does that mean that I would normally owe him $10,000? It shouldn't be that hard but for some reason I'm having difficulty.
- I am not asking for retroactive child support back to the date of the first order, just since he left and I have had the children full time with only his visitation occuring every few months.
I am representing myself because I can't afford a lawyer and legal aid is very hard to get now even at my salary. I have already been in front of a judge (which was very intimidating and serious) and it went well. Does anyone have any suggestions or possible issues that I may encounter?
Many thanks
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