Documents needed to go to court

[kelly001]

I had written months ago about a situation my brother is in. They lived together 8 years and they split up, they owned a house together. They sold the house, but she wouldnt agree to split the money 50/50 because she is using it as leverage to get more spousal support that she thinks she is entitled to. The money is sitting in trust with the real estate lawyer until he hears from someone. My brother already sent her an offer for support based on the guidelines, but she thinks it isnt enough. She didnt include the fact that he is paying child support from his first marriage, and she is lying about her income.
Anyway, he has to go to court to get the money released from the sale of the house as she is being unreasonable about the amount of support. He doenst want to spend alot of money getting it released. Does anyone know the procedure or forms required to be filled out to do this. Hopefully he can save some money by doing some of the legwork himself instead of the lawyers office doing it. He would still need the lawyer for the day in court i guess, or could he do it himself. She has a lawyer, so i would think he would be better off having his lawyer there.

[AtALoss]

Family Law Rules Forms — Ontario Court Services

This link will give you a list of all the forms that you may need... Scroll down this page and you will see the list. Just scroll down to what you will need and pick the format that suits your need. Once it is down loaded & saved to your computer, you can print as many copies as you need. I always like an extra to use as a "rough copy".

I suggest starting with the following:

First off LEAVE the money in trust until you obtain a court order for the division of it.

Some of the forms are best left to the lawyers and some you may never need.
But to start:

13.1 Financial Statement this is just a statement of you earnings loans payments etc. (Be sure to include the support paid for the 1st child

14A - affidavit, use this to enter FACTS into the court to be presented in your case, as well as arguements ie why you should pay this etc.
14- Notice of Motion
14C - Confirmation
20 - Request for information

[AtALoss]

Okay.... this automatically posted before I was done typing... LOL

to finish

14- Notice of Motion - this must be filed in order to bring any type of action in court. Brief of what you want to do. when you file this at the court clerk they will give you a date and time for court
14C - Confirmation - this must be filed no LATER than 2 days before this court date, otherwise your date will be stricken and taken off that days roster. My ex learned that one the hard way.
20 - Request for information This form can be used to request manytypes of information ie childrens school records but in your case it can be used to gain her financial statement and request disclosure of her bank records.

Hope that helps.

[AtALoss]

court forms

I dont know why the link I attempted did not go properly but here it is again

Family Law Rules Forms — Ontario Court Services

The above is the way it displays .... just click on it and it will open another page for you.

[kelly001]

At A Loss,
Thanks for your information.

It is appreciated. i will direct my brother to that site. Hopefully he can save some money by doing all that instead of the lawyers office.

[kelly001]

How much will it cost approximately, i guess it is a day in court for the lawyer, some paperwork, is 2000 a good guesstimate?

[AtALoss]

Cost for paper work

The only cost that we have encountered is really our time. Course bearing mind gas, occasional photo copies etc. really when you are going self represented those types of things are your cost. Now the lawyers well I am not going to say more. My new spouse was self represented for 6 years. It was a long time but his case has many extreme circumstances attached to it. For this part of his case which He won on Dec 3rd he hired the lawyer to appear only on this date. There were many consultations and we did alot of the running etc. But this is something that can be negotiated with a reasonalbe lawyer. We got one of the best in Ont at a high price but he has encouraged our being proactive in this persuit. I hope to be posting this case in these forums in the coming weeks as it will mean change on a huge level. Keep an eye out for it. But getting back to your case please give your brother encouragement in that her case is weaker that she thinks. From what you have told, they were only common law and the rules are very different and she is not entitled to as much as she may think. I will gather some links and pass them along to you to read.

[AtALoss]

Some reading

Articles

Bear in mind that this actricle pertains to Laws in Manitoba but is useful in its content. Each province is different but the princples are very close if not the same. I feel your brother may have consideration if he chooses to go this route. He would need a lawyer's help on this but is valid in its ideas.


Property Division-- Ottawa Divorce Blog
http://www.ottawadivorce.com/forum/f...ent-case-2613/
Very good articles.

Family Law Act, R.S.O. 1990, c. F.3

Hope they help.

[dovan]

Personally I feel that alot of lawyers in family law do not always have their clients best interest but rather their own pockets. Meaning they wish for an issue to continue because then it means more money in their pockets. Yes they know the law and have been to school to be doing what they are doing. But that does not mean that any normal thinking adult can not can not do the same if they are well informed. If your brother wishes to be self represented he can do so, but I suggest he does his homework and that he remains in a neutral manner while in court. His first obligation is to his child and the courts will undoubtedly see that, after which they will look at his ability to be able to provide SS to his ex, the length of their relationship as there more than likely will be a termination date stipulated if SS is order due to the fact that they do not share children together and that the laws for common law relationships are different than those for married spouses. They will also look at her income and her ability to support herself. Hope that helps you out.