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  • Respondent presence

    My ex has not been present for any of our conferences, just his lawyer and I while he calls in. Our trial is next month and im wondering if he will be physically present. Am I entitled to this info? Will his lawyer have to inform me or alternatively is this info I can request from his lawyer? We havent seen this "man" since 2008. Showing up for the first day of yrial and he being there will be very unsettling.

  • #2
    I'm not a lawyer but......

    He has the right to be physically present. Even if he informs you otherwise, he can change his mind at the last moment. It is a fundamental right of that parties to an action have the right to be present.

    The alternative would be to settle out of court and avoid him that way.

    Comment


    • #3
      Im aware its his right. I simply would like to know if he will or will not be there.

      Settling would be wonderful. As I do not receive cs or ss nor am I asking for any...I really dont have much to bargain with. Custody was already given to me...he offered to let me have sole custody and he also offered no support. The judge ordered no access.

      If anyone else had helpful info as to if I am permitted to know if he will show or not, id be very grateful.

      Comment


      • #4
        Then what the trial is about??

        Comment


        • #5
          Im asking for his equity in lieu of cs. He has left the country and left me with all debt.

          Comment


          • #6
            To be honest, I would simply work on the assumption that he will be there. His lawyer may or may not tell you. I don't think he can be compelled to tell you anything.

            Comment


            • #7
              Originally posted by takeontheworld View Post
              Im asking for his equity in lieu of cs. He has left the country and left me with all debt.
              That looks like ss to me.

              I would prepare myself mentally for him to be there.
              Start a discussion, not a fire. Post with kindness.

              Comment


              • #8
                Why would it look like ss when he pays no cs? And has left me with all debt? His equity in the house does not cover cs until the age of 18, let alone put a dent in the debt....

                Comment


                • #9
                  :-). Perhaps that poster doesnt, who knows. But let me put it like this...the ex has sent 5 wires since 2010, each wire between 180 and 300. He lives in a country where Canadian law means nothing. He has been claiming to be unemployed. I discovered on August 30, that he is indeed employed as the head of telecom with a top electronic company. So, I look up the number and call him at work. The next day he wires 300 and the month after that he wires 500. Odd?

                  If the judge orders the house sold, the equity will be gone towards the debt and my child still won't get any financial support from her "father". If his equity is given to me, my child stays in her home, goes to her school with her friends and I continue to pay the debt on my own. Im not exactly sure how anyone with half a brain could consider that ss. But...to each their own.

                  Comment


                  • #10
                    Originally posted by oink View Post
                    ^^^Ahahahah...I knew the SS/entitlement spinesless lazy bones will come back and get you for those comments

                    I guess post #7 doesn't believe CS is the right of the child then?
                    Are you ever going to have anything intelligent to post, or must we suffer you talking out of your ass forever?

                    Why don't you get out there and save our country again today?
                    Start a discussion, not a fire. Post with kindness.

                    Comment


                    • #11
                      Now now boys, play nice.

                      Comment


                      • #12
                        Originally posted by takeontheworld View Post
                        :-). Perhaps that poster doesnt, who knows. But let me put it like this...the ex has sent 5 wires since 2010, each wire between 180 and 300. He lives in a country where Canadian law means nothing. He has been claiming to be unemployed. I discovered on August 30, that he is indeed employed as the head of telecom with a top electronic company. So, I look up the number and call him at work. The next day he wires 300 and the month after that he wires 500. Odd?

                        If the judge orders the house sold, the equity will be gone towards the debt and my child still won't get any financial support from her "father". If his equity is given to me, my child stays in her home, goes to her school with her friends and I continue to pay the debt on my own. Im not exactly sure how anyone with half a brain could consider that ss. But...to each their own.
                        I don't see how the transfer of the house into your name alone can be considered as cs -- she receives no financial benefit ~ unless, of course, you are planning on creating a trust in her name to effect the transfer? Over the years, as the real estate continues to gain equity, you would receive the benefit - not her.

                        Many separated families move forward with no cs being paid - I've never counted on cs being paid, have never accepted cs table amounts, and know that I can raise our child on my own financial merits if need be.
                        Start a discussion, not a fire. Post with kindness.

                        Comment


                        • #13
                          For starters...there is quite a bit of caselaw to support equity in lieu of cs. Its not some scheme of mine to milk him for money. As I've already stated, I am raising my child on my own.

                          If and when the house is sold, have of the equity goes in a trust for her. This has been in my offer to settle that he refused.

                          However...lets say that I am awarded the house, so I make all the payments, I pay his/joint debt, and provide for my daughter on my own...I do absolutly everything on my own...given the fact that I provided her everything, the equity is to reimburse me. Its exactly the same as if he was sending 1k everymonth into an account. But when it came time for her clothing or soccer I was just taking it from my own account. Then I need to buy myself a...new pair of glasses and I then transfer the money from the cs account into mine...its the same thing.

                          I realize I have made some enemies on her due to my opinions on ss. But equity in lieu can not be misconstrued as ss. If you would like to think it so to make yourself feel better, knock yourself out. But in no shape or form am I benefiting from the house being awarded to me. If he were an honest man and living in Canada he would be paying high levels of cs every month. To date, he's paid almost nothing.

                          Comment


                          • #14
                            Are you ever going to have anything intelligent to post, or must we suffer you talking out of your ass forever?
                            Now you've done it....Blink's gonna paste the pic of the dead horse again.

                            Reminds you of that annoying creep in high school that turned stalker hostile after you rejected his name-dropping stories...lmao.

                            I realize I have made some enemies on her due to my opinions on ss. But equity in lieu can not be misconstrued as ss. If you would like to think it so to make yourself feel better, knock yourself out. But in no shape or form am I benefiting from the house being awarded to me. If he were an honest man and living in Canada he would be paying high levels of cs every month. To date, he's paid almost nothing.
                            You're arguing semantics. And your opinions on SS don't bother me at all. Every situation is different and needs to be looked at on its own merits. Sometimes SS is the only way to get back monies one partner removed or squandered in a marriage. I worked my entire marriage and my ex, for all intents and purposes, stole a huge sum money that I earned and entrusted him to invest. Forensic accounting is a very expensive endeavor that isn't always successful. You're asking to be made "whole" one way which isn't an available path for others....its semantics.

                            However, you are certainly entitled to your opinion. Its, however, meaningless to my set of circumstances. I wish you luck in getting this done so that you can recover some of the funds that are fairly owed to you.

                            Comment


                            • #15
                              Originally posted by takeontheworld View Post
                              For starters...there is quite a bit of caselaw to support equity in lieu of cs. Its not some scheme of mine to milk him for money. As I've already stated, I am raising my child on my own.

                              If and when the house is sold, have of the equity goes in a trust for her. This has been in my offer to settle that he refused.

                              However...lets say that I am awarded the house, so I make all the payments, I pay his/joint debt, and provide for my daughter on my own...I do absolutly everything on my own...given the fact that I provided her everything, the equity is to reimburse me. Its exactly the same as if he was sending 1k everymonth into an account. But when it came time for her clothing or soccer I was just taking it from my own account. Then I need to buy myself a...new pair of glasses and I then transfer the money from the cs account into mine...its the same thing.

                              I realize I have made some enemies on her due to my opinions on ss. But equity in lieu can not be misconstrued as ss. If you would like to think it so to make yourself feel better, knock yourself out. But in no shape or form am I benefiting from the house being awarded to me. If he were an honest man and living in Canada he would be paying high levels of cs every month. To date, he's paid almost nothing.

                              You keep stating you don't want or need CS or ss but in the same breath you cut him down every chance you get for not paying it.

                              Comment

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