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Search: Posts Made By: HammerDad
Forum: Divorce & Family Law 02-21-2020, 03:42 PM
Replies: 7
Views: 134
Posted By HammerDad
If they have not vested, they are not family...

If they have not vested, they are not family property.

If they have vested, they are family property and would included in equalization.

You don't include property that doesn't exist. Just...
Forum: Financial Issues 02-21-2020, 03:37 PM
Replies: 14
Views: 407
Posted By HammerDad
Abba - My post wasn't directed at you. See the...

Abba - My post wasn't directed at you. See the quote embedded in my post.
Forum: Financial Issues 02-21-2020, 10:46 AM
Replies: 14
Views: 407
Posted By HammerDad
I read a case on Canlii that provided for theses...

I read a case on Canlii that provided for theses sorts of expenses as being s7. That said, you may have years of status quo working against you. So be careful on how you proceed. A claim for expenses...
Forum: Financial Issues 02-20-2020, 11:09 AM
Replies: 14
Views: 407
Posted By HammerDad
My D is also in a competitive activity. Yes,...

My D is also in a competitive activity. Yes, transportation and stay is s7, as it is required in connection with the activity.

I pay my proportional share of my D's stay. I do not pay for my ex's...
Forum: General Chat 01-31-2020, 12:41 PM
Replies: 12
Views: 519
Posted By HammerDad
It isn't so much of rounding up. It is the first...

It isn't so much of rounding up. It is the first tranche of 6 minutes was used, leading into another tranche of 6 minutes.

While some may think this is unfair, there is actually a lot of time that...
Forum: General Chat 01-30-2020, 12:46 PM
Replies: 12
Views: 519
Posted By HammerDad
It is actually 6 minute intervals that is...

It is actually 6 minute intervals that is industry standard. If an email comes in and it takes me 7 minutes to read and reply, that is a 0.2. Source - I work in a law firm as a billing member of the...
Forum: Parenting Issues 01-30-2020, 10:22 AM
Replies: 14
Views: 460
Posted By HammerDad
I would agree to the 2 extra days, but would make...

I would agree to the 2 extra days, but would make it contingent on the ex agreeing to give him an extra weekend in the summer, for example, to balance things out.

As for the need for notarization,...
Forum: Divorce & Family Law 01-29-2020, 11:50 AM
Replies: 11
Views: 326
Posted By HammerDad
But this isn't a landlord tenant thing. This...

But this isn't a landlord tenant thing. This arrangement was never meant to be permanent. He moved out as the "wife wanted some time to think about separating". What happened if she didn't want to...
Forum: Divorce & Family Law 01-29-2020, 10:20 AM
Replies: 11
Views: 326
Posted By HammerDad
I don't think his lawyer is correct. I am not a...

I don't think his lawyer is correct. I am not a lawyer, but without an order for exclusive possession, the ex cannot keep him out of the house. She may have good argument to get such an order, but...
Forum: Parenting Issues 01-28-2020, 11:58 AM
Replies: 14
Views: 460
Posted By HammerDad
While it may not be a current signatory, the ex...

While it may not be a current signatory, the ex has no connection to the country outside of the nanny. She wouldn't be a citizen and it is unlikely that the country won't simply force her to leave as...
Forum: Parenting Issues 01-28-2020, 10:18 AM
Replies: 27
Views: 821
Posted By HammerDad
I read that section as Janus informing the ex of...

I read that section as Janus informing the ex of activities occurring during his time with the children, so that she may come if she chooses. That he doesn't otherwise ask permission for events...
Forum: Parenting Issues 01-28-2020, 10:06 AM
Replies: 14
Views: 460
Posted By HammerDad
True, but where the OP has stated the children...

True, but where the OP has stated the children would be is not under a travel advisory. The op said the children would be:



Reading the travel advisory, neither of those areas are listed.
Forum: Divorce & Family Law 01-28-2020, 10:01 AM
Replies: 17
Views: 600
Posted By HammerDad
Child support is paid to the parent where the...

Child support is paid to the parent where the children reside. If you move to the city where the 2 middle children live and they move in with you, while they are attending full time school, your ex...
Forum: Divorce & Family Law 01-28-2020, 09:54 AM
Replies: 13
Views: 471
Posted By HammerDad
Yes you can bring a motion. But what it will show...

Yes you can bring a motion. But what it will show to a judge is that you can't be trusted with your word, and that you are combative. And the judge will act accordingly. If you didn't agree with the...
Forum: Parenting Issues 01-27-2020, 10:26 AM
Replies: 14
Views: 460
Posted By HammerDad
While the Philippines may not be the safest...

While the Philippines may not be the safest place, it isn't Syria. I would think your spouse would be on the wrong end of an emergency motion dismissing the need for his consent to the travel.

The...
Forum: Divorce & Family Law 01-27-2020, 10:15 AM
Replies: 3
Views: 238
Posted By HammerDad
There has to be a reasonable expectation of...

There has to be a reasonable expectation of success of the course. If the child has failed or dropped out a number of times before, than you may have reason to put the onus back on them to prove that...
Forum: Divorce & Family Law 01-27-2020, 10:11 AM
Replies: 13
Views: 471
Posted By HammerDad
Not really. Generally what that means is that...

Not really. Generally what that means is that this is what it is for now and that terms may change down the road by further agreements or court order. It doesn't change the fact that you consented to...
Forum: Financial Issues 01-03-2020, 10:40 AM
Replies: 2
Views: 174
Posted By HammerDad
I would argue that the ex is voluntarily under...

I would argue that the ex is voluntarily under employed given that their initial reasoning for a temporary downgrade was for training that (unless I missed something when I read the post) never...
Forum: Divorce & Family Law 12-19-2019, 01:23 PM
Replies: 4
Views: 320
Posted By HammerDad
Don't quote me on this, but when it comes to...

Don't quote me on this, but when it comes to custody and access, those matters are determined in jurisdiction where the kids reside. But support changes may be made in the jurisdiction where the...
Forum: General Chat 12-19-2019, 10:29 AM
Replies: 2
Views: 457
Posted By HammerDad
My understanding is that hours before and after...

My understanding is that hours before and after school aren't considered. It is who is responsible for them for the day and where they sleep at night that matters. So if it is mom's day, and she...
Forum: Financial Issues 12-19-2019, 10:22 AM
Replies: 3
Views: 446
Posted By HammerDad
Support is based off of income. Overtime is...

Support is based off of income. Overtime is income. Your income for the past few years will be $100k and support will be based off of that.

Know that generally support is adjusted annually off of...
Forum: Divorce & Family Law 12-17-2019, 10:15 AM
Replies: 6
Views: 403
Posted By HammerDad
If all else fails, the signed agreement is the...

If all else fails, the signed agreement is the one you abide by. While you may have settled on certain matters in mediation, an agreement was not prepared or signed. As such, whatever was agreed to...
Forum: Financial Issues 12-03-2019, 02:10 PM
Replies: 7
Views: 455
Posted By HammerDad
It sounds like the OP and his daughter and son...

It sounds like the OP and his daughter and son in-law have a Tenancy in Common arrangement, where the D and SIL own 99% of the property. The D and SIL should also be responsible for 99% of the...
Forum: Parenting Issues 11-29-2019, 11:29 AM
Replies: 22
Views: 1,186
Posted By HammerDad
Yes he could. But then he would be acting just as...

Yes he could. But then he would be acting just as unreasonable the ex. The best route for the OP to take is make an offer to settle just like Tayken said, while also filing a motion in court.....like...
Forum: Parenting Issues 11-27-2019, 01:23 PM
Replies: 22
Views: 1,186
Posted By HammerDad
His argument to the "new" status quo will be that...

His argument to the "new" status quo will be that it is a false status quo, engineered unilaterally by the ex. It isn't insurmountable, but the longer he waits to file a motion changing this, the...
Showing results 1 to 25 of 500

 

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