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-   -   The Wait Game Is REAL (https://www.ottawadivorce.com/forum/showthread.php?t=22617)

Selfrepmom 07-12-2019 10:11 AM

The Wait Game Is REAL
 
So a quick update:

I got our TMC booked..... FOR BLOODY DECEMBER :eek: Closest date available for our trial management judge. Good grieffffff.

For anyone familiar with my case, I am currently receiving a very small minimal amount of CS based on less than minimum wage, signed off on in a temporary consent order 6 months ago, and no section 7ís at the moment (just forked out $800+ for summer camps so I can work). I without a doubt can get income imputed at $30,000, and I believe I would be successful getting it closer to $50,000, if this goes to trial.

I recently read somewhere on Canlii a case where the applicant brought a motion for an increase on interim support, and got shut down hard by the judge because a TMC or SC was booked and the judge didnít want to make any rash decisions with the conference looming.

Also, I am going back to school in September full time

**Begins pounding fists against wall**

iona6656 07-12-2019 12:02 PM

I feel you. Believe me- I want to bash my head against my desk right now because my ex keeps promising to send a counter offer- at each goddamn co-parent counselling session- has been saying that since May.

The issue? Every time I say I won't agree to something now- e.g. midweek overnights, he turns around and says "well there's no point in sending an offer". Yes there is you idiot- it's called negotiating. It's his only play left.

But we have a SC scheduled for August 19. And we have two more 2-hr parenting plan/negotiating things set. I just have to keep playing nice as I move this to trial. It's infuriating- he won't file his taxes, I suspect because his CS is going to go up, etc etc...

But whatever, life goes on, right? I can't wait for this to resolve- so I'm going on vacation with D2.5 next week and then hopefully starting a better job in September.

I hope good things are happening in other areas of your life.

tilt 07-12-2019 05:11 PM

What about filing a motion for summary judgment on the CS/sec7? It says there is no triable issue and that it can be decided on the evidence. You are correct it should be at LEAST min wage.

Selfrepmom 07-14-2019 10:37 PM

Quote:

Originally Posted by tilt (Post 236801)
What about filing a motion for summary judgment on the CS/sec7? It says there is no triable issue and that it can be decided on the evidence. You are correct it should be at LEAST min wage.

I have been reading into summary judgements a bit....

Am I able to schedule one even though I have a TMC booked for the end of the year? And would my case even be a good candidate for one?

Mom 2 Two 07-15-2019 06:19 AM

We asked the judge at my SC if we could do summary judgement. The criteria seems really strict. Even though my lawyer said itís not as strict anymore the judge said nope. I honestly think judges like trial. ;-(.


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Selfrepmom 07-16-2019 12:11 AM

Quote:

Originally Posted by Mom 2 Two (Post 236838)
We asked the judge at my SC if we could do summary judgement. The criteria seems really strict. Even though my lawyer said itís not as strict anymore the judge said nope. I honestly think judges like trial. ;-(.


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So from what I have read it seems judges reeeaaaallllyy do not enjoy granting a motion for summary judgement on anything that is not blatantly obvious... especially if there is questions over child custody/access. From your posts that I have read, it doesn't surprise me that a judge wouldn't be excited about one- not that it isn't pretty obvious that your ex is a tool lol, but if I remember correctly you have OCL involved as well? That probably just muddies the waters further, and would make a judge want to wait to hear everything out in trial.


What they do seem to like to use summary judgements for are anything that is very obviously and negatively impacting the welfare of the child (like no CS where there is proof that the payor is capable of paying- I also found a lot of summary judgement cases on canlii that had CAS etc listed as one of the parties...again though, child welfare).


For my case, custody and access is already settled on in a final consent order. Literally only issue remaining is CS/arrears/S7s. And I have a TON of evidence to prove what he is beyond capable of making.


I'm thinking this may be the way to go. I've just been skirting around the issue a bit because it is a bit daunting when you are self repping ....

Selfrepmom 07-16-2019 12:41 AM

This is a good one I just found. Basically matches my case exactly as far as CS/financials/lack of disclosure goes.

Although this one actually has the judge granting sole custody to mom in summary judgement..... the dad must have really gotten under his skin lol

https://www.canlii.org/en/on/oncj/do...&resultIndex=2

Mom 2 Two 07-16-2019 06:40 AM

Quote:

Originally Posted by Selfrepmom (Post 236864)
So from what I have read it seems judges reeeaaaallllyy do not enjoy granting a motion for summary judgement on anything that is not blatantly obvious... especially if there is questions over child custody/access. From your posts that I have read, it doesn't surprise me that a judge wouldn't be excited about one- not that it isn't pretty obvious that your ex is a tool lol, but if I remember correctly you have OCL involved as well? That probably just muddies the waters further, and would make a judge want to wait to hear everything out in trial.


What they do seem to like to use summary judgements for are anything that is very obviously and negatively impacting the welfare of the child (like no CS where there is proof that the payor is capable of paying- I also found a lot of summary judgement cases on canlii that had CAS etc listed as one of the parties...again though, child welfare).


For my case, custody and access is already settled on in a final consent order. Literally only issue remaining is CS/arrears/S7s. And I have a TON of evidence to prove what he is beyond capable of making.


I'm thinking this may be the way to go. I've just been skirting around the issue a bit because it is a bit daunting when you are self repping ....



Looks like you for sure could ask for summary judgement.

My lawyer still feels my issue can go there as well. He feels the judge doesnít have all the info to really decide. OCL is done. Still saying Sole custody to me. No huge changes to access.

I guess what gets me is we too have a SA field with the courts. That is specific in what dad should be paying and how much. Thatís the part the judge says is triable.??

Also with Ocl their was no alienation found, the case worker more or less pointed out all the things dad is doing himself to alienate his boys. Gave him all sorts of suggestions and he has yet to implement anything since April disclosure and now of course is disputing the report.

I hope your successful with this as itís not fair to be getting nothing from your ex for his kids.


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