Hi Guys, here it goes...
I'm self represented and ex has a lawyer.
Court order of July 2008 has me at an income level of $70000 per year for CS and S7 expences.
Dec 2007 I lost my job
Jan 2008 I sent ex's laywer a letter with proof I was laid off seperation papers and requested that CS needs to be reduced.
Feb 2008 ex's lawyer sends me a letter suggesting the prepare orders to that effect. After recieving this letter I took it to the family law office and the lawyer told me that considering the ex's lawyer is the only lawyer on record it should be them that draft the order. The lawyer also told me that I should wait and address this at exit pre-trial on March 4 2008....so I did.
March 4 2008 I brought all supporting documentation and also filed this documentation with my exit pretrial papers.
During the exit pretrial ex's lawyer provided the judge with a draft order.
On the spot I realized it had mistakes and ex's lawyer left out mobility clauses ect...I wasn't about to agree to it. The judge left it up to the ex's lawyer to fix the mistakes and then file the order based on his endorsement. Judge made no decision on the CS and issused on the endorcement that CS could be addressed by way of consent 14B. The ex's lawyer did not file the March 4, 2008 orders with the changes until May 27, 2008, I received confirmation of this and a copy of the signed orders from the ex's lawyer on June 16, 2008.
Between March 4 2008 and May 27 2008 I went to the court clerks office 6 times to get a copy of the orders so I could bring about these changes via 14B, however everytime I went the clerks would look at the continuing record and show me a copy of the incorrect draft order the ex's lawyer presented in court on March 4, the clerks told me every time that it's not signed as they are waiting on the ex's lawyer to correct the order and have it signed. A note on the top of the file indicated that they spoke with the ex's lawyers office 3 times requesting that the updated orders be filed so they can be signed.
May 2008 I received a letter from the FRO indicating that I am not paying the full amount of CS. At this time I was being garnished 50% of my Employment Insurance. The letter said that I had 30 days to address them in one of 3 ways or they would suspend my drivers licence.
a) Have the CS adjusted by way of consent
b) File a montion to change
c) Pay the arrears in full
Speaking with the court clerks office they told me that I could make any changes by way of 14B as the orders from March 4 have not been updated and signed.
I didn't have the money to pay in full therefore I was left with no choice but to file a motion so my licence was not suspended.
Court date was set for Nov 2008.
From Jun 2008 until Oct 2008 I worked for a company at 50% of my previous income. $40000 per year. This income was garnished at 50%. Things did not work out with this company and I became unemployed again.
Nov 14 was my court date for the motion.
Being self represented was a terrible thing to do however I don't have the money for a lawyer.
Basically I felt like it was forced to agree to a CS and s7 based on $40000 per year which I was making with my previous employer.
I did agree that I should be able to find a job at this income level however three months later I still can't find a job.
At the same time the judge also ordered that I pay extra expences for hockey and lacrosse which would be part of my s7 expences.
As far as child care s7's the opposing lawyer had no proof or receipts yet I felt
And as for Hockey and Lacrosse I am ordered to pay this increased amount as part of my s7's however they are not registered for either sport and registrations have come and gone.
So this is where we are today......
The judge adjurned the matter until Jan 29, 2009 at which time she intends to look at he CS arrears.
I'm still not working and effective Dec 2008 I feel forced into this agreement of CS and s7's plus extra expences on an income level that in non existant.
The ex's laywers is requesting that the amount of arrears be calculated up to Dec 2008 at the employment income of ($70000) which was what it was prior to me losing my job in Dec 2007.
Countless proofs on income EI statments ect have been provided to the court since my loss of employment.
And now! COSTS!
Her freaking lawyer wants cost for the November court date and the upcoming January court date.
How is all this fair?
Can someone out the please tell me how this is fair?
Essentually the system forced me to file a motion to reduce the CS and now I could be faced with costs?
And now I just received a letter from the FRO saying that if I don't deal with this by Feb 28 that they will suspend all my federal licences.
I want to work, I've been desperately seeking employment and I'm not getting any luck.
I feel like I'm being pushed into a corner and I have no hope.
I want to pay my support however I think it needs to be geared to income and it should also be retroactive to employment changes.
I have one more question.....
If I didn't lose my job in Dec 2007 and it was a$20000 raise instead...
Would it take a year for the increase to take effect?....not likely!
I'm self represented and ex has a lawyer.
Court order of July 2008 has me at an income level of $70000 per year for CS and S7 expences.
Dec 2007 I lost my job
Jan 2008 I sent ex's laywer a letter with proof I was laid off seperation papers and requested that CS needs to be reduced.
Feb 2008 ex's lawyer sends me a letter suggesting the prepare orders to that effect. After recieving this letter I took it to the family law office and the lawyer told me that considering the ex's lawyer is the only lawyer on record it should be them that draft the order. The lawyer also told me that I should wait and address this at exit pre-trial on March 4 2008....so I did.
March 4 2008 I brought all supporting documentation and also filed this documentation with my exit pretrial papers.
During the exit pretrial ex's lawyer provided the judge with a draft order.
On the spot I realized it had mistakes and ex's lawyer left out mobility clauses ect...I wasn't about to agree to it. The judge left it up to the ex's lawyer to fix the mistakes and then file the order based on his endorsement. Judge made no decision on the CS and issused on the endorcement that CS could be addressed by way of consent 14B. The ex's lawyer did not file the March 4, 2008 orders with the changes until May 27, 2008, I received confirmation of this and a copy of the signed orders from the ex's lawyer on June 16, 2008.
Between March 4 2008 and May 27 2008 I went to the court clerks office 6 times to get a copy of the orders so I could bring about these changes via 14B, however everytime I went the clerks would look at the continuing record and show me a copy of the incorrect draft order the ex's lawyer presented in court on March 4, the clerks told me every time that it's not signed as they are waiting on the ex's lawyer to correct the order and have it signed. A note on the top of the file indicated that they spoke with the ex's lawyers office 3 times requesting that the updated orders be filed so they can be signed.
May 2008 I received a letter from the FRO indicating that I am not paying the full amount of CS. At this time I was being garnished 50% of my Employment Insurance. The letter said that I had 30 days to address them in one of 3 ways or they would suspend my drivers licence.
a) Have the CS adjusted by way of consent
b) File a montion to change
c) Pay the arrears in full
Speaking with the court clerks office they told me that I could make any changes by way of 14B as the orders from March 4 have not been updated and signed.
I didn't have the money to pay in full therefore I was left with no choice but to file a motion so my licence was not suspended.
Court date was set for Nov 2008.
From Jun 2008 until Oct 2008 I worked for a company at 50% of my previous income. $40000 per year. This income was garnished at 50%. Things did not work out with this company and I became unemployed again.
Nov 14 was my court date for the motion.
Being self represented was a terrible thing to do however I don't have the money for a lawyer.
Basically I felt like it was forced to agree to a CS and s7 based on $40000 per year which I was making with my previous employer.
I did agree that I should be able to find a job at this income level however three months later I still can't find a job.
At the same time the judge also ordered that I pay extra expences for hockey and lacrosse which would be part of my s7 expences.
As far as child care s7's the opposing lawyer had no proof or receipts yet I felt
And as for Hockey and Lacrosse I am ordered to pay this increased amount as part of my s7's however they are not registered for either sport and registrations have come and gone.
So this is where we are today......
The judge adjurned the matter until Jan 29, 2009 at which time she intends to look at he CS arrears.
I'm still not working and effective Dec 2008 I feel forced into this agreement of CS and s7's plus extra expences on an income level that in non existant.
The ex's laywers is requesting that the amount of arrears be calculated up to Dec 2008 at the employment income of ($70000) which was what it was prior to me losing my job in Dec 2007.
Countless proofs on income EI statments ect have been provided to the court since my loss of employment.
And now! COSTS!
Her freaking lawyer wants cost for the November court date and the upcoming January court date.
How is all this fair?
Can someone out the please tell me how this is fair?
Essentually the system forced me to file a motion to reduce the CS and now I could be faced with costs?
And now I just received a letter from the FRO saying that if I don't deal with this by Feb 28 that they will suspend all my federal licences.
I want to work, I've been desperately seeking employment and I'm not getting any luck.
I feel like I'm being pushed into a corner and I have no hope.
I want to pay my support however I think it needs to be geared to income and it should also be retroactive to employment changes.
I have one more question.....
If I didn't lose my job in Dec 2007 and it was a$20000 raise instead...
Would it take a year for the increase to take effect?....not likely!
Comment