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Search: Posts Made By: SurftheWave
Forum: Divorce & Family Law 03-01-2019, 01:19 PM
Replies: 14
Views: 1,166
Posted By SurftheWave
A doctor can write a note to someone if the don't...

A doctor can write a note to someone if the don't feel like working saying the person cannot work due to medical reasons. This will not put their licence on the line.

Let's say I go into the...
Forum: Divorce & Family Law 03-01-2019, 01:12 PM
Replies: 38
Views: 1,483
Posted By SurftheWave
Make sure you and your lawyer are aggressive to...

Make sure you and your lawyer are aggressive to communicate the points in your brief to the judge. The judge will form his/her own conclusion of how you should settle which may or may not inline...
Forum: Divorce & Family Law 02-21-2019, 12:33 PM
Replies: 8
Views: 922
Posted By SurftheWave
15D looks good for standard child support...

15D looks good for standard child support payments however if you are doing set-off amount it doesn't look too user friendly. I guess you could both fill out a form each since you are both paying...
Forum: Divorce & Family Law 02-20-2019, 12:46 PM
Replies: 8
Views: 922
Posted By SurftheWave
but if it decreases from recalculation the...

but if it decreases from recalculation the previous order (which is higher) can be filed and enforced at a higher amount, correct?

I want to update the order to what we agree on today, not on what...
Forum: Divorce & Family Law 02-20-2019, 12:18 PM
Replies: 8
Views: 922
Posted By SurftheWave
Not with FRO. Form 15c doesn't work because it...

Not with FRO. Form 15c doesn't work because it says you must go thru Ontario child support service. We cannot use this service because we are set-off.

Is there another applicable form? Or does...
Forum: Divorce & Family Law 02-20-2019, 11:39 AM
Replies: 8
Views: 922
Posted By SurftheWave
Updating CS with consent

If you have a final court order saying you pay CS to your ex, and want to recalculate the next year and both parties agree to increase or decrease it based on the following year tax return what forms...
Forum: Divorce & Family Law 01-15-2019, 01:20 PM
Replies: 12
Views: 687
Posted By SurftheWave
It all depends what terms (good?) and negotiable...

It all depends what terms (good?) and negotiable you and the Ex are. You could simply say nicely to her "hey, I don't think we need medication, we are reasonable people and when divorcing we simply...
Forum: Divorce & Family Law 01-15-2019, 11:56 AM
Replies: 12
Views: 687
Posted By SurftheWave
Like HammerDad said, moving out will affect the...

Like HammerDad said, moving out will affect the child's ACCESS schedule. You could also propose that on your week with the child she leaves the house and lives with a friend or her parents and on...
Forum: Divorce & Family Law 01-14-2019, 12:36 PM
Replies: 4
Views: 636
Posted By SurftheWave
Interesting...so the judge issued a final order...

Interesting...so the judge issued a final order valid for only 3 years? Or was it a temp order for 3 years? Was your ex claiming she couldn't work at all or only part time? What made the judge...
Forum: Divorce & Family Law 01-14-2019, 12:32 PM
Replies: 13
Views: 791
Posted By SurftheWave
So at what age is the child old enough to speak...

So at what age is the child old enough to speak on their own wishes/interests? If not 12, would it be 14? 16?
Forum: Divorce & Family Law 01-09-2019, 12:27 PM
Replies: 19
Views: 848
Posted By SurftheWave
Yes, that is true. There are examples showing...

Yes, that is true. There are examples showing both sides, it all depends how it is presented by both lawyers to the judge who makes the final decision.

First, the judge has to answer the...
Forum: Divorce & Family Law 01-08-2019, 12:10 PM
Replies: 19
Views: 848
Posted By SurftheWave
http://canlii.ca/t/gwr7s ...

http://canlii.ca/t/gwr7s

http://canlii.ca/t/1wwv4
Forum: Divorce & Family Law 01-08-2019, 10:55 AM
Replies: 19
Views: 848
Posted By SurftheWave
Conohan v. Cholock, 2017 NSSC 7 paragraph #33 ...

Conohan v. Cholock, 2017 NSSC 7 paragraph #33

Remus v. Remus, 2008 CanLII 22141 (ON SC) paragraph #36-42
Forum: Divorce & Family Law 01-08-2019, 09:53 AM
Replies: 19
Views: 848
Posted By SurftheWave
The problem isn't taking the kid to the activity,...

The problem isn't taking the kid to the activity, the problem is getting her to pay. She agrees to sign the kid up, take 'em and watch every day but she refuses to pay a dime. Says if I want to do...
Forum: Divorce & Family Law 01-08-2019, 09:51 AM
Replies: 19
Views: 848
Posted By SurftheWave
People receive all sorts of income from various...

People receive all sorts of income from various sources like child support, spousal support, ODSP, child tax benefit, subsidy (daycare/housing), working under the table for cash, disability claims,...
Forum: Divorce & Family Law 01-07-2019, 09:53 PM
Replies: 19
Views: 848
Posted By SurftheWave
That is why we are in court. We have been paying...

That is why we are in court. We have been paying offset but she wants her offset based on my $75k salary and her $0k salary, so essentially she wants me to pay full even though I have 50/50 access...
Forum: Divorce & Family Law 01-07-2019, 04:52 PM
Replies: 19
Views: 848
Posted By SurftheWave
Activities 50/50 Split or Proportional Case Law

Did some searching but couldn't find any case law where a judge decided that an activity like basic soccer was considered ordinary and not "special". Anyone have some case law they can share for...
Forum: Financial Issues 01-04-2019, 01:24 PM
Replies: 7
Views: 573
Posted By SurftheWave
Gilligan do you have a final order from the judge...

Gilligan do you have a final order from the judge or was it a temp order? Are you doing set-off CS or full table? What facts did you present before the judge decreed your ex couldn't work?
Forum: Divorce & Family Law 12-20-2018, 11:20 PM
Replies: 3
Views: 359
Posted By SurftheWave
Agreement to Mediate before Court

My agreement says that both parties agree to mediate before taking any issue to court. If the Ex refuses to mediate do I have to file a court Application Form 8 or can I file a motion with my...
Forum: Financial Issues 12-19-2018, 03:42 PM
Replies: 7
Views: 573
Posted By SurftheWave
Exactly what I said to my lawyer Tayken! His...

Exactly what I said to my lawyer Tayken! His response was that she is claiming she can work and earn $10,000. That's under the set-off CS threshold which means she receives full table CS, not...
Forum: Financial Issues 12-19-2018, 12:47 PM
Replies: 7
Views: 573
Posted By SurftheWave
My EX has done this for the past two years and my...

My EX has done this for the past two years and my lawyer is saying he can't argue it is income. She has little to no income because she decided she doesn't want to work full time. She claims...
Forum: Financial Issues 12-19-2018, 11:08 AM
Replies: 7
Views: 573
Posted By SurftheWave
RRSP Withdrawal Income

If my income is $10,000 and I withdrawal each year $10,000 from my RRSP's for a total of $20,000 income do I have to pay child support on my line 150 which is $20,000 or only pay child support on my...
Forum: Divorce & Family Law 10-26-2018, 01:45 PM
Replies: 27
Views: 1,337
Posted By SurftheWave
The best 4-way meeting method I have seen was...

The best 4-way meeting method I have seen was with a mediator who would arbitrate any issues not resolved. You and your ex sit in the room and your lawyers argue it out with the mediator to try and...
Showing results 1 to 23 of 23

 

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