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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 09-12-2012, 02:37 PM
Tryingsohard Tryingsohard is offline
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My next question...should I return to court to ask for a maximum per month in section 7 how much would a lawyer cost me?

And for those with experience, is it a fairly simple request if I self-represent or is it a long drawn out process?
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Old 09-12-2012, 02:59 PM
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Originally Posted by HammerDad View Post
Totally unrelated but a "wow" when I read this case law:

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I state that I am reluctantly adjourning this issue as this action started in 1999. Even the present separation has existed since January 2004. Since that time, the wife has retained seven different lawyers which must have produced some delay and the court will likely face more issues as to past payments due. Without prejudice to this issue, I adjourn this to the case conference and/or the trial.
1. Action started in 1999?!
2. Seven different lawyers?!

Channelling the words of the Honourable Mr. Justice Quinn in parody of Bruni v. Bruni which itself is satirical enough:

[1] Paging Mr. Eddy. Paging Mr. Eddy.

[2] This is yet another case that reveals the ineffectiveness of Family Court in a bitter custody/access dispute, where clearly one of the parties is demonstrating a behaviour pattern of a highly conflicted litigant and requires therapeutic intervention rather than legal attention for which seven (7) lawyers have not been able to solve. Here, a litigant has been marinating in a hatred so intense and possibly represents an undiagnosed personality disorder requiring treatment who has had seven (7) different lawyers over the past 10 years!
  #13  
Old 09-12-2012, 03:00 PM
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Originally Posted by Tryingsohard View Post
My next question...should I return to court to ask for a maximum per month in section 7 how much would a lawyer cost me?
It is impossible to tell.

We don't know your lawyer or their rate. We don't know your ex and how much she will fight this. We don't know the judges etc. There are simply too many variables to consider.

All that said, I'd say if think it would be anything less than $5k you're likely being a touch optimistic.....
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Old 09-12-2012, 03:07 PM
Tryingsohard Tryingsohard is offline
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$5K ouch!!! And the ex will fight me tooth and nail! However might be worth it and have it capped monthly because the excess of $2500 over the next 10 years is $25K. Money that can go towards post-secondary as I do think post-education is more important than competitive level sports in teen years!

Or try to self-represent...although the thought is a bit scary although doable from what I read here.
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Old 09-12-2012, 03:15 PM
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Originally Posted by Tryingsohard View Post
$5K ouch!!! And the ex will fight me tooth and nail! However might be worth it and have it capped monthly because the excess of $2500 over the next 10 years is $25K. Money that can go towards post-secondary as I do think post-education is more important than competitive level sports in teen years!

Or try to self-represent...although the thought is a bit scary although doable from what I read here.
Average lawyer hourly rate is 265-500/hour.

To deal with your issue a "finger in the air" estimate of time to deal with the whole ordeal anywhere between 4-8 days of billing if goes to motion and oral hearing.

@ 8 days @ 7.5 hours a day @ 265 = 15,900 + tax.
@ 8 days @ 7.5 hours a day @ 500 = 30,000 + tax.

If you are unsuccessful you may be eating one of the above numbers plus a cost award of something similar against you.

There comes a time in Family Law that the "cost" of being "right" isn't worth it. You have to do a proper risk assessment of your position in the matter, current finances and what the outcomes may be.

Also, you need to weigh in if the other party qualifies for Legal Aid Ontario support. This generally gives a highly conflicted litigant "wings" ("blank check") before the court to do whatever they want. Don't expect Legal Aid Ontario to cover any costs award you may win either. Although they hand out money to anyone who can "qualify" and make any allegation they will not hold their panel lawyers or their own assessment team liable for anything done against you in the litigation... Even if done in "bad faith" by their client and representing panel lawyer whom they themselves "qualified" to be capable in practising in the area of Family Law.

Good Luck!
Tayken

Last edited by Tayken; 09-12-2012 at 03:18 PM.
  #16  
Old 09-12-2012, 03:19 PM
Tryingsohard Tryingsohard is offline
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Trust me I know. I'm still paying for the one and only time we hashed out the custody order/divorce so going to court is not something I want to do.

Thanks for the advice!
  #17  
Old 09-12-2012, 03:35 PM
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Quote:
Originally Posted by Tryingsohard View Post
CP and NCP have a combined income of $100K with a ratio of section 7 expenses of 30% to CP and 70% to NCP. CP is requesting approximately $7K - $8K for sports this year which is excessive considering full CS for 3 kids is also being paid.

1. What is considered reasonable?
2. Has anyone found Case Law regarding the Maximum granted i.e. 5% of net income?
That is about 2x more than I spend for my 3 kids. Last year combined income of $140K. My ex is refusing to pay for their sports this year and has paid some in previous years (when the combined incomes was greater)

They play house league level though.

My view is that at our income level, to spend 5K total for 3 kids for a whole year is not extraordinary. It is not even section 7. Note that I share the kids 50/50 and pay offset CS, so for me normal vs section 7 is just a difference between sharing the cost 50/50, or in proportion to income - not a big difference.

Also, in my SA (which is not signed), I state generally that one house league level sport at a time per kid is normal (not section 7).

Also it states that if their sport become extraordinary in cost (and becomes section 7), the cost of the house league level is considered covered by CS, and the amount above that is section 7.
  #18  
Old 09-12-2012, 11:51 PM
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back it up for a sec....any written agreements? ........if you've been historically paying give up now you lost...........if your suffering undue hardship you may have a case...........and yes it's a dual edged sword when the kids are told no more sports because you won't(can't) pay they'll be (made) angry. DO what I did years and years ago..go to all the activites you are paying for sit in the stands and watch the ex do a slow burn because she can't drop the kids of and go do stuff and is forced to stay..because she knows your recording stuff.. get her to send the schedule..lord help her if she misses a game with the kids and doesn't inform poor ol dad sitting in the stands all alone shivering... the special activities requests will stop in 2 years max..the kids love seeing you there too.
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