How to Make Money!

[CatvsLion]

Ok, so everything seems like it's coming closer to an end; once I get back to court. The thing is... I'm out of money and already bankrupt. I make too much for legal aid and I really don't think I can do this on my own. Plus I've already paid my lawyer $15, 000 and still owe him $2000. The next step is to bring everything together and file a motion for joint custody. Timesharing is pretty much established and settled minus overnight stipulation of 3rd parties.

I could just give up and give her sole custody and say I can't afford to fight anymore (which I can't and sometimes feel like doing to just put aside the stress of all this in hopes things get better which I know they will once all the fighting for custody/access/BS stops). Or I continue to borrow off family and friends to help pay for my legal expenses - which is now causing problems within my family and relationships with them - all more stress and more debt!

I can't seem to get ahead because now I have to pay more money to my x too because CS payments just went up $100/month! I can't even afford to get out of bankruptcy because I owe them $2000 too!

So does anyone know any ways to make some extra cash aside from my full-time job.

[Jenny]

Are you talking about under the table stuff that you wouldn't report to CRA or pay support on? Keep in mind working under the table can bring you more problems then you have now with cra and your divorce....

or are you talking about a legit second job?

Hard to say without knowing what your skills are in. What you do for a living right now?

Evening stuff - delivering pizza's? handyman stuff? Depends on what your talents are in....

[logicalvelocity]

Cats v lion,

Is there a current interim custody order in place?

If no order is in place (defacto) both parties are on equal ground in regards to custody of the child.

The courts will not interrupt the status quo especially if everything is working out for the child. The courts most likely would not make an interim order on custody if affidavits are contradictory and may reserve the matter for trial. The courts may order that the residence of the child shall not change.

see this case law on status quo.

Crocker v. Hooke

http://www.canlii.org/on/cas/onsc/20...onsc12886.html

As far as working under the table, well you would have to include this as income in your child support obligation. If you choose not to and get caught for same the court does not condone this behavior. It is best to open and admit to this extra income.

The working of a second job can be problematic. If you are capable once, they could expect you to work these extra hours all the time and this could take away your time of being available to parent your child.

The other option you have is to represent yourself at an interim motion.

LV

[CatvsLion]

I'd love to represent myself and it's looking more and more that's all I'll be able to afford. Thing is I've spent this long and so much $ on it I wouldn't want to blow it because of my lack of knowledge of paperwork and legal proceedings and my in ability to communicate effectively while under pressure.

Maybe a stupid question - but can you get someone to represent you even if they're not a lawyer or lawyer in training (still in school)?

[Divorcemanagement]

Maybe a stupid question - but can you get someone to represent you even if they're not a lawyer or lawyer in training (still in school)?

Check with the rules of the court in your area - some courts allow paralegals to act as an agent, but go with god on that one... nothing is a substitute for genuine legal advice.

[Lindsay]

I'd love to represent myself

Hi CVL,

Some firms offer coaching services for self reps. It's basically a series of consultations with a lawyer from time to time as you move through your case. The benefit of this is not having to put down a retainer, but still having the guidance from a lawyer throughout your proceeding. You are not required to waste a half hour explaining your situation, as the lawyer will already be up-to-speed with your case.

Lindsay

[logicalvelocity]

Catsvlion,

Courts of Justice Act

ONTARIO REGULATION 114/99

Amended to O. Reg. 76/06

FAMILY LAW RULES

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

RULE 4: REPRESENTATION

REPRESENTATION FOR A PARTY

4. (1) A party may,

(a) appear without a lawyer or other representative;

(b) be represented by a lawyer; or

(c) be represented by a person who is not a lawyer, but only if the court gives permission in advance. O. Reg. 114/99, r. 4 (1).

PRIVATE REPRESENTATION OF SPECIAL PARTY

(2) The court may authorize a person to represent a special party if the person is,

(a) appropriate for the task; and

(b) willing to act as representative. O. Reg. 114/99, r. 4 (2).


Very little will be said of you on an interim motion. Everything will be on paper.

Basically you would need the following forms and documents

Form 14 - Notice of Motion - this form basically states what orders you are asking for.

Forms can be found here

http://www.ontariocourtforms.on.ca/e...mily/index.jsp

Form 14A - Affidavit to support your motion

Factum - (May be required) A statement of the facts and concise legal argument, relied upon list of authorities and applicable statutes and laws.

This document starts of with a cover page, name of court, parties names

ONTARIO
SUPERIOR COURT OF JUSTICE
Family Court Branch


ie J Doe (Applicant)

-and-

J Doe (Respondent)

FACTUM FOR THE APPLICANT(RESPONDENT)

J. Doe
XXX Any Street
XXX Aytown, Ontario
KXX-XXX
(613)XXX-XXXX



Page 2

TO: ABCDEFGH LLP
Barristers and Solicitors
Suite 99999 9999999 Anystreet
Ottawa, Ontario

Per:

Any Solicitor
Solicitor for the Respondent or (Applicant)

Page 3:

TABLE OF CONTENTS ( listing all the parts)

PART I – STATEMENT OF FACTS...PAGE X
Introduction...................................... .PAGE X
The parties.........................................PA GE X
The relationship...................................PAG E X
The Child............................................P AGE X
PART II – THE ARGUMENT...............PAGE X
Parallel Parenting - Joint Custody...............PAGE X
Staus Quo Pending Trial...........................PAGE X
PART III - LIST OF AUTHORITIES...............PAGE X
PART IV - CHILD DEV RESEARCH................PAGE X
PART V - STATUTES................................PAGE X
PART VI - Summary.................................PAGE X

PART I contains the facts(Background, History), similar to what your affidavit would depose.

Page 4

PART II Your concise legal argument which would refer to and interweave jurisprudence, and applicable statutes and acts (ie: CLR Act, Family Law Act, Divorce Act(Canada) and child development research etc

PART III List of authorities (Jurisprudence)
List of authorities, jurisprudence cited in your argument

PART IV Child Development Research;

PART V List of Statutes;

CLR Act, Family Law Act, Divorce Act(Canada) etc

PART VI Summary Repeat of requested orders - optional

Last Page - Closing final statement on last page " ALL OF WHICH IS RESPECTIVELY SUBMITTED,"

May XX,2006 ______________________________
J Doe
Acting on his own behalf



You could attach your authorities in a case book to your affidavit as exhibit XX and have your factum point to these authorities.

Spaces are to be no less than 1.5 or double is ideal. Keep wide margins, KEEP IT CONCISE AND TO THE POINT
The factum CANNOT be more than 20 pages.

The other item you would need for the motion is

Form 13 Sworn Financial Statement

and

Form 14C Confirmation

If you decide to represent yourself, you will have to serve onto the other party a notice of changed representation with your documents.

Form 4 - Notice of Change of Representation

I believe I read on another post that Jeff and Lindsay provide a service such as coaching and providing for completion of forms.

LV

[logicalvelocity]

Catsvlion,

Here is a link to effective factum writing

"Forget the windup and make the pitch"

http://www.ontariocourts.on.ca/court...hes/forget.htm

Here are some factum samples,

They will give you an idea of how a factum is structured and written

http://www.povertyandhumanrights.org.../falkiner.html

LV

[logicalvelocity]

Catsvlion,

See this thread on affidavit writing

http://www.ottawadivorce.com/forum/s...ight=affidavit

LV

[Grace]

Very little will be said of you on an interim motion. Everything will be on paper.

I disagree, especially if you are litigating in an overcrowded court system. I'm speaking of the GTA area in particular. Motions are extremely important in the final outcome of a divorce and are next to impossible to have changed later on so you want to put forward your best case. From my experience with motions and I've had many, Judges are relying on factums and oral arguments. I can only recall twice were the Judge actually read the affidavits.

[logicalvelocity]

Grace,

I do agree with that somewhat. There may be some oral argument. This is where it will be invaluable to cite the law and to know your facts of your case and authorities by memory.

I did come across this paper for settlement conferences,

A judge's perspective

http://www.ccla.ottawa.on.ca/Practic...ousa_Paper.doc

[Divorcemanagement]

I would have to agree with Grace on this - judges often don't read the affidavit. They might get a clerk to summarize the fine points of an affidavit - if you must use an affidavit you should make it short, sweet and to the point. It should also be written in a way that will grab the judge's attention.

[Grace]

I'm only speaking from my own personal experience. Perhaps my lawyer just liked to hear his own voice . But on several motions the oral arguments went on for hours. Most of the time spent from the lawyers jumping up and down objecting to everything. CatvsLion should sit in on few family motions in court to get a feel for things before hand.

[Divorcemanagement]

There is always great value in sitting in on a few family law hearings

[logicalvelocity]

At this link you can find out when motions are scheduled depending on the jurisdiction.

http://www.ontariocourts.on.ca/super...lychart.htm#CE