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Posts Made By:
Old Lawyer
Forum:
Divorce & Family Law
10-09-2013, 11:39 PM
Replies:
2
When to serve case conference brief
Views:
922
Posted By
Old Lawyer
As the respondent you have to have served and...
As the respondent you have to have served and filed by four court days before the case conference. There is a catch there in that service could require time. That is in the rules it says that...
Forum:
General Chat
10-09-2013, 11:28 PM
Replies:
1
Kalex Valuations
Views:
993
Posted By
Old Lawyer
Kalex Valuations
Has anyone had any experience with this company good or bad or heard anything about them.
Forum:
Financial Issues
12-26-2012, 12:00 AM
Replies:
11
Pension valuation.
Views:
1,828
Posted By
Old Lawyer
I think the order will take precedence over the...
I think the order will take precedence over the legislation. The legislation creates the ability to split pensions. However the order apparently says the husband will value the pension and he will...
Forum:
Financial Issues
12-25-2012, 03:29 PM
Replies:
11
Pension valuation.
Views:
1,828
Posted By
Old Lawyer
You could bring a contempt motion for failing to...
You could bring a contempt motion for failing to do the valuation. But there should have been a time period in the order.
Forum:
Parenting Issues
11-16-2012, 02:03 AM
Replies:
10
New Extended Family
Views:
1,610
Posted By
Old Lawyer
Canadaguy, you sound very reasonable. Hope you...
Canadaguy, you sound very reasonable. Hope you guys can continue to cooperate. Makes live easier.
Forum:
Parenting Issues
11-15-2012, 12:05 AM
Replies:
10
New Extended Family
Views:
1,610
Posted By
Old Lawyer
I agree with all the comments. It used to be...
I agree with all the comments.
It used to be in the bad old days that the mother's new family took precedence The priority was creating a new nuclear family for the child --- think Mad Men. ...
Forum:
Financial Issues
11-03-2012, 01:49 AM
Replies:
13
Equalization Payment - Spousal Support
Views:
3,285
Posted By
Old Lawyer
The fact that she is near top of her profession...
The fact that she is near top of her profession is not going to play apart. The courts always look at the parties income when they calculate it. I have not seen the non contributory pension taken...
Forum:
Financial Issues
11-03-2012, 01:07 AM
Replies:
13
Equalization Payment - Spousal Support
Views:
3,285
Posted By
Old Lawyer
I agree that a 54% 46% ndi split does not give...
I agree that a 54% 46% ndi split does not give rise to much of a claim for spousal support. Also the fact that you took parental leave is also a big factor. You must actually be in Ottawa. I am...
Forum:
Divorce & Family Law
11-02-2012, 11:46 PM
Replies:
13
make-up time
Views:
1,910
Posted By
Old Lawyer
Interesting discussion re makeup time. I think...
Interesting discussion re makeup time. I think that if a parent travels for work regularly the parenting plan should have provided for that and to some extent the parent who did not deal with this...
Forum:
Financial Issues
10-25-2012, 10:50 PM
Replies:
13
Equalization Payment - Spousal Support
Views:
3,285
Posted By
Old Lawyer
re the question abut setting off equalization...
re the question abut setting off equalization against spousal support. this is done often.
Offers to settle can not be referred to in motions or at trial but obviously can at case conferences. ...
Forum:
Parenting Issues
10-24-2012, 12:20 AM
Replies:
592
Making sure im on the right path.
Views:
46,179
Posted By
Old Lawyer
This is a long thread. I can't follow everything...
This is a long thread. I can't follow everything quickly but have been asked to comment.
1. Get the dna test. She doesn't know. If the dna test is negative and you still want to be involved...
Forum:
Divorce & Family Law
10-19-2012, 12:58 AM
Replies:
21
Filing Motion to Change - HELP!
Views:
3,448
Posted By
Old Lawyer
Is there an actual order that the mother provide...
Is there an actual order that the mother provide the information or did the judge just urge her to do it. If there is not an actual order you can ask for a formal order that she provide the...
Forum:
Divorce & Family Law
10-18-2012, 02:46 AM
Replies:
21
Filing Motion to Change - HELP!
Views:
3,448
Posted By
Old Lawyer
Dear Tired of the fight The point you raise...
Dear Tired of the fight
The point you raise about children of intact families was raised politically when the child support guidelines were introduced and was rejected by parliament So for once...
Forum:
Divorce & Family Law
10-15-2012, 01:00 AM
Replies:
20
Burden of Proof
Views:
2,621
Posted By
Old Lawyer
Re why do I think judges focus on the weakest in...
Re why do I think judges focus on the weakest in the room. It is just my impression that they do this.
As to why they would do this.....
People in any profession want the approval of...
Forum:
Divorce & Family Law
10-14-2012, 05:01 AM
Replies:
20
Burden of Proof
Views:
2,621
Posted By
Old Lawyer
Your view of the judge as Judge Judy does not...
Your view of the judge as Judge Judy does not surprise me. That is why I am involved on this site. The use of case conferences has allowed judges,to create literally palm tree justice where judges...
Forum:
Divorce & Family Law
10-14-2012, 03:33 AM
Replies:
20
Burden of Proof
Views:
2,621
Posted By
Old Lawyer
I would take a different route. But first I...
I would take a different route.
But first I see your frustration because the case conference judge is inconsistent. On one hand she says that it is his character defects that keep him from...
Forum:
Divorce & Family Law
10-14-2012, 12:52 AM
Replies:
20
Burden of Proof
Views:
2,621
Posted By
Old Lawyer
Re judge saying that printing the job ads is not...
Re judge saying that printing the job ads is not proof. All the ad can prove is that the ad existed. It doesn't prove likely what you want it to, that your ex can get a job.
This is opinion...
Forum:
Reference
10-13-2012, 12:54 AM
Replies:
6
Sticky:
Child of the Marriage: Post-Secondary Education Disclosure
Views:
5,176
Posted By
Old Lawyer
""So how would the court look on a payor who ...
""So how would the court look on a payor who keeps paying CS but is withholding contributing to secondary school due to his ex & alienated D refusing repeatedly to disclose any financials, they of...
Forum:
Divorce & Family Law
10-13-2012, 12:54 AM
Replies:
21
Filing Motion to Change - HELP!
Views:
3,448
Posted By
Old Lawyer
""So how would the court look on a payor who ...
""So how would the court look on a payor who keeps paying CS but is withholding contributing to secondary school due to his ex & alienated D refusing repeatedly to disclose any financials, they of...
Forum:
Reference
10-11-2012, 11:11 PM
Replies:
6
Sticky:
Child of the Marriage: Post-Secondary Education Disclosure
Views:
5,176
Posted By
Old Lawyer
It is not good law that refusing to have ...
It is not good law that refusing to have relationship is a grounds for denying support. There was some thought that it might. Phil Epstein wrote a few articles on this maybe five years ago....
Forum:
Divorce & Family Law
10-11-2012, 11:11 PM
Replies:
21
Filing Motion to Change - HELP!
Views:
3,448
Posted By
Old Lawyer
It is not good law that refusing to have ...
It is not good law that refusing to have relationship is a grounds for denying support. There was some thought that it might. Phil Epstein wrote a few articles on this maybe five years ago....
Forum:
Reference
10-11-2012, 02:33 AM
Replies:
6
Sticky:
Child of the Marriage: Post-Secondary Education Disclosure
Views:
5,176
Posted By
Old Lawyer
1. You are correct that estrangement, alienation...
1. You are correct that estrangement, alienation or just plain brattiness does not remove obligation for child support (at least not directly)
2. However a judge will be very sympathetic to your...
Forum:
Divorce & Family Law
10-11-2012, 02:33 AM
Replies:
21
Filing Motion to Change - HELP!
Views:
3,448
Posted By
Old Lawyer
1. You are correct that estrangement, alienation...
1. You are correct that estrangement, alienation or just plain brattiness does not remove obligation for child support (at least not directly)
2. However a judge will be very sympathetic to your...
Forum:
Divorce & Family Law
10-11-2012, 12:42 AM
Replies:
21
Filing Motion to Change - HELP!
Views:
3,448
Posted By
Old Lawyer
Glad that the court clarified that motions may be...
Glad that the court clarified that motions may be brought where either party lives unless it relates to custody. Doesn't matter age of child.
Different judges and different courts do things...
Forum:
Reference
10-11-2012, 12:42 AM
Replies:
6
Sticky:
Child of the Marriage: Post-Secondary Education Disclosure
Views:
5,176
Posted By
Old Lawyer
Glad that the court clarified that motions may be...
Glad that the court clarified that motions may be brought where either party lives unless it relates to custody. Doesn't matter age of child.
Different judges and different courts do things...
Showing results 1 to 25 of 32
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