May_May: ex lied in court re sale of previous house. Said he pays "rent" to spouse. House is in his wife's name, and her parents. (Parents live out of town). Same 3 are on title of house that's about to be "flipped." EX is undischarged bankrupt. We have Court for that too. No date set yet. He let's the wife run up all the debts - drives new cars, spends money like water, short pays support etc etc. Nothing in his name but she's home w/2 kids. He pays mortgage and cars etc. Just it's in her name. But "Matrimonial Home" should mean legally he has an INTEREST in the property. And, no - no one bought the "I pay rent" story. Was just another eye-rolling moment during Trial. He made a total fool out of himself, but hey: he's getting away with all kinds so far. I've gotta give him that. Thanks to whatever forces out there are colliding to totally F* up my life :s
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COSTS: EX was ordered by Court to pay 18g in Costs, if he does not, then what?
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Be persistent. Surely a second written complaint (assuming you wrote one before rather than a verbal conversation) would set off some alarms.
Failing that maybe you should go in person into the law firm and ask to speak to one of the senior partners.
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I too have been dealing with an ex who is an undischarged bankrupt. I know only too well the challenges that that situation in itself presents. I will not comment further on that as I don't want losers learning anything from my comments about the bankruptcy and divorce.
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Arabian: ha. He IS one of the Senior Partners and trust me: the Law Society in Ontario is a total and complete waste of time. The COSTS order is for EX to pay, as he was the "unsuccessful litigant" - although for now, it appears he's doing much better than I am.
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Arabian: I hear ya. My case w/that bs of his has gone to the highest level. If you search thru previous posts you will see. I have made some big strides in that matter - but they are slow to come. There's lots coming down the pipe. I'm on that big-time. All this bs is my full time, unpaid job
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I got advice prior to divorcing my ex - get a young lawyer who is trying to prove himself. That advice was given to me from a retired judge and it was excellent advice.
From what you've told me I see no reason why another lawyer wouldn't take on your case - particularly if there is an order out there floating around about the costs. Try to get another lawyer - preferably one with a business degree as well as a law degree.... Sounds like your current lawyer is on a free ride.
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If the court says he has til Jun then he has til June. Not many pay ahead of the bill date. Do you pay your bills early?
FRO can/will enforce costs that are attributed to FRO for collection. In my case I had 20k of 30 k attributed to FRO then another 10k of 15k from appeals court. My x just filled out the FRO form and whamo it was on my arrears. If the court did not specifically say that it was FRO related it is not.
I would not bring any motion before June if he is not late. Judge would be upset with you. After June go ahead.
Your lawyer will wait 1 yr (from billing) likely before going to court to get a judge to rubber stamp the bill owing otherwise collection of your lawyers fees from you might prove difficult for your lawyer.
You are responsible to pay your lawyer bill. Your X is responsible to reimburse you. Your x does not pay your lawyer direct.
Try to be more patient. The legal system is slow.
We think that we are its customers. No actually the legal system serves those within the system to take money from families systematically and legally during the already emotionally draining separation divorce leading to more relationship issues especially where children are involved.
The system is intentionally difficult, it is unneccesarily complicated, it is NOT family friendly. It is rigged for lawyers.
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Ace: no I don't pay my bills early. I can barely pay them at all. Yes: definitely rigged for Lawyers. No plans to file a motion at this time but I sure would like to get the costs and arrears (new ones already accumulating) secured as he is on the verge of flipping his house.
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I think we had this topic already. but lets try again
1. Court should send Support Deduction Order to FRO. This order should be prepared by lawyer. I just saw it today in my file prepared by my ex's lawyer. Try to prepare it by your self and bring it to court (but most likely they will send you back to your lawyer)
just do some reading here to know what you should expect
Family Responsibility and Support Arrears Enforcement Act, 1996
PART III
SUPPORT ORDERS AND SUPPORT DEDUCTION ORDERS — MAKING AND FILING
from RECOMMENDED STANDARD TERMS FOR SUPPORT ORDERS
Costs
4. The following standard term is recommended to be used in a support order where costs related to obtaining the support order are awarded:
Costs are fixed in the amount of $[insert amount], of which $[insert amount] is related to support and is enforceable as support by the Director, Family Responsibility Office.
O. Reg. 454/07, s. 4.
3. May be it time to tell your lawyer orevuar ?
It's really hard to tell without seeing actual order but what's clear that you have to move and not to wait that somebody will do something for you... Especially lawyer in this situation... IMHO
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Ok. I found your decision on CanLii and from quick scan (I am sorry I did not read it through) from what I saw it purely support. But looks like there is not cost decision posted.Last edited by WorkingDAD; 03-15-2012, 11:29 AM.
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Thanks workingdad. I was told there won't be a support deduction order b/c ex is self employed. I don't know if that info is correct or not. I've been misled many times now by persons who were in a position to know better and advise accordingly.
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Originally posted by hadenough View PostThanks workingdad. I was told there won't be a support deduction order b/c ex is self employed. I don't know if that info is correct or not. I've been misled many times now by persons who were in a position to know better and advise accordingly.
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Originally posted by hadenough View PostLawyer is filing a 14B motion to get costs enforced by FRO. He's doing it over the counter and I am awaiting his call/email to advise if this motion was successful, re: Costs (owed to Lawyer).
That interesting... I would like to see his materials
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He initially referenced Rule 25 (or 29?? IDK) which has to do w/error or mistake. He said it (the 'enforcement' of costs) should have been included/enforced in the Final Order and it wasn't. So now, as time ticks away (costs were due a few months ago) - he is filing 14B - not sure if he's referencing the error thingy (I think it's Rule 25, but I might be mixed up). The order states that "ex" pay the costs to ME, within "6 months" from date of order, and then I was to pay my lawyer. Yeah, like THAT was ever going to happen (that he'd pay what he was ordered to).
Should this 'over the counter' motion be successful, I will ask him for a copy of the materials submitted and share them w/you. I did not meet w/him personally on this, nor did I have to sign anything so I learned of this through a phone conversation. Stay tuned.Last edited by hadenough; 10-22-2012, 01:18 PM.
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Originally posted by hadenough View PostHe initially referenced Rule 25 (or 29?? IDK) which has to do w/error or mistake. He said it (the 'enforcement' of costs) should have been included/enforced in the Final Order and it wasn't. So now, as time ticks away (costs were due a few months ago) - he is filing 14B - not sure if he's referencing the error thingy (I think it's Rule 25, but I might be mixed up). The order states that "ex" pay the costs to ME, within "6 months" from date of order, and then I was to pay my lawyer. Yeah, like THAT was ever going to happen (that he'd pay what he was ordered to).
Should this 'over the counter' motion be successful, I will ask him for a copy of the materials submitted and share them w/you. I did not meet w/him personally on this, nor did I have to sign anything so I learned of this through a phone conversation. Stay tuned.
RULE 25 ORDERS
and particularly
CHANGING ORDER — FRAUD, MISTAKE, LACK OF NOTICE
(19) The court may, on motion, change an order that,
(a) was obtained by fraud;
(b) contains a mistake;
(c) needs to be changed to deal with a matter that was before the court but that it did not decide;
(d) was made without notice; or
(e) was made with notice, if an affected party was not present when the order was made because the notice was inadequate or the party was unable, for a reason satisfactory to the court, to be present. O. Reg. 151/08, s. 6.
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