Thread: I am new here
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Old 01-06-2010, 12:15 AM
nick2009 nick2009 is offline
Join Date: Nov 2009
Posts: 64
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Thank you very much, dadtotheend,

i have been to the family information session at the 361 university ave. toronto on aug 24, 2009, which i believe it is "the mandatory information session ". i got a stamped certificate proof of my attendance.

for your better understanding in order to give me proper advice, i would like to have a brief about my story.

1) March of 2009, I was handed with a red book ( the file recording), my wife officially sue me at the Ontario Court of Justice (47 sheppard ave East, toronto) (not the Superior Court of Justice) for spouse support ($1500 per month she claimed) and child support ($367 per month according to the table) She got a legal aid for claiming supports but no divorce, because the legal aid can not be used for divorce case.

2) May 8th of 2009, I attended the first court appearance, i represented myself. however, the duty counsel told me that i should hire a lawyer to handle it and to protect myself. Meanwhile, i was told the next court appearance would be the case conference at the court on August 5th, 2009.

3) July of 2009, I hired a lawyer to represent me for this case. My lawyer told me that it was better to open a new case at the Superior Court of Justice to handle child support, spouse support and divorce. So, i could end the relationship and pains between me and my wife. I agreed to it.

As the Applicant, i want to pay child support accordingly. i want to have right to see my daughter (11years old). there is no property dispute at all. i want to divorce. i want joint custody. the main argument will be the spouse support $1500/month, which is equivolent to my 3 week pure pocket earning, i believe it is baseless.

4) August 5th, 2009, my lawyer attended the case conference at the Ontario Court of Justice and told the judge that we had already opened a new case at the Superior Court of Justice for divorce. The judge then closed the case right away.

5) early of October of 2009, we got the Answer and Financial Statement from the lawyer of the Respondant (my wife)

6) however, my lawyer told me that he tried to get a deal with the Respondant's lawyer, but there was no cooperation from the Respondant's lawyer. And the the Respondant's lawyer want to have the date of the case conference fixed as soon as possible. my lawyer told me that i had to pay another $2000 for the case conference.

7) facing the difficulty, i had already paid $5000 to my lawyer, then another $2000 only for the case conference and who knows what will be the next, how about the settlement conference, etc. I asked my lawyer how much is enough to solve the whole case completely. He could not give me the answer. That is totally beyond my financial capacity. $2000 is my 4 weeks pure pocket earning. i can not afford it any more. Then i had no choice and had to end the contract with my lawyer. my lawyer at the last moment gave me some help for the change of my representation (which is form 4) and another form 6B, meanwhile he told me that i could represent myself because my case is so simple that i can give all my fact and support documents to the judge and let the judge make a decision.

8) now today, I have read the family law rules, i know the deadline of my Financial Statement form 13 (renewed or a simple affidavit proof no change), the case conference brief form 17a and confirmation form 14c.

9) my first problem, i probably need a interpreter (English and Mandrin) because i am not confident with my English understanding skill to properly communicate at the court, especially when facing some legal terms. I do not know and i want to have some basic information about how to find an interpreter, how to inform the court about the interpreter, what the legal procedure should be taken accordingly. my wife got a free interpreter at the OLD case conference. then how I get one for free.

10) my second problem , how to calculate the spouse support in order to know the basic line i could accept.

Now I have to say sorry dadtotheend, i wrote a lot and it may cost you a lot of time.
Any response will be appreciated.

Thank you

xiaojun tang
jan 5, 2010