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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-03-2013, 09:27 AM
Livinthedream Livinthedream is offline
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Default Lets take the Government to Court!

I’m going to start something big here and I want to see if it goes any farther and YES this going to be a very controversial topic but let all the comments fly and let’s see what we can do about this….if any!!!

As all of us go about are day to day routines that we have been trained by various government programs which tells us what we can and can’t do and protects us from prosecution and other hazards in life. When we drive we have training, tests, and educated of the laws, need insurance to drive a car and on and on. Police protect us and have laws, rules, that we are trained in school and educated on in life. We have regular training programs regulated by governments in the work force that are ongoing. Many more that I have not listed and this can continue on and on. You see where I’m going with this… Government trains us or at least educates us on most things that we can be held accountable for or to protect individuals.

My point is why are we not educated on the susceptible laws in marriage once we decide to get married? Hand over the money for your certificate and you are now governed by the worst laws in the world with no education or anything. (If this has recently changed I’m unaware of this) SS is a complete joke IMO and CS is also. I do not understand especially for child support why this is regulated to income! A parent that makes 20g a year pays $160 per month and a parent making 100G a year pays $880? To me this looks like the child will be at a disadvantage and is not right but this one is very difficult to even remotely fix. Also if the parents have 50/50... why does one parent need to pay the other parent CS?

Ignorance of the law shouldn't fly in this case at all and especially with the Joke that is SS. Yes there are certain requirements that this should be allowed but not the joke that it is now for both sides of the fence. If a woman makes 50G more than the man why in the world does she need to subsidies his income? If the woman decides to stay home after child birth and not continue here carrier the spouse is on the hook for the rest of his life? This works both ways obviously and its always worse the other way… I didn't read these issues when I signed my marriage certificate? This can go on and on also with every case.

My point is I’d be willing to add some money and take our government to court over not education us on the laws that govern marriage and try to get something out of them and I think many more individuals feel the same way, reform is needed because this is out of control. YES I get it that its till death do us part however I was not educated on this…. So why is this bound to me and many many more? Most other optional government run programs have way more education and marriage does not, and yes MOST are optional also, don’t need a drivers license ether if you get my drift. This is the biggest joke and it’s at the grace of a judge with too many variables/guidelines that are as clear as mud.

Let the venting begin to see how this turns out!!
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  #2  
Old 10-03-2013, 09:34 AM
takeontheworld takeontheworld is offline
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I was reading about a new law being passed in Mexico. It allows couples to separate after 2 years if it isn't working out.

Shia muslims have something similar called a mut'a...temp marriage.

Maybe they are on to something.
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Old 10-03-2013, 10:12 AM
OntarioMomma OntarioMomma is offline
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What a joke.

I won't argue that a serious change is needed in family law.

But it's not the government's fault you didn't know about the details of divorce. The law and information is there for anyone to learn and research.

I definitely wasn't aware of the divorce/separation procedures or laws when I got married, but you know who's fault that is? Mine.
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Old 10-03-2013, 10:18 AM
Pursuinghappiness Pursuinghappiness is offline
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Quote:
I definitely wasn't aware of the divorce/separation procedures or laws when I got married, but you know who's fault that is? Mine.
I would agree. I take a lot of the blame for not taking the time earlier to understand what rights I had and what I needed to do in the event of a divorce.

I do, however, think it would definitely be helpful to have a MIP session type class before someone is granted a marriage license to raise awareness and point people at learning resources.

The other issue is that it isn't the government that made my divorce into a holy hell. It was my ex who insisted upon trying to punish me through litigation and an unnecessary custody battle. I would agree that its a great shame when one party in a divorce is able to drag the other through unnecessary nonsense. But in the end, its not the Canadian governments fault that I married and had children with an ahole. Its my fault.
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Old 10-03-2013, 10:33 AM
Livinthedream Livinthedream is offline
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Quote:
Originally Posted by Pursuinghappiness View Post
I would agree.

I do, however, think it would definitely be helpful to have a MIP session type class before someone is granted a marriage license to raise awareness and point people at learning resources.
My Point exactly. We all have made made bad choices in a relationship and the constant bashing and lost income with court battles is because the government does not implement standards and follow them. If everyone knew the laws prior to marriage and having children "most" people would not have done it. Now the government educates us on what family law is all about and they dictate this to us now.

Quote:
But it's not the government's fault you didn't know about the details of divorce. The law and information is there for anyone to learn and research.
True but many other government programs we have awareness to the public with campaigns and education that are usually enforced with some form of education to the public and most are mandatory requirements. I didn't have nothing when I got married. Shouldn't it be the law that a lawyer advise you of your rights prior to getting the certificate which will be dictated by the government in a court?
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Old 10-03-2013, 10:58 AM
OntarioMomma OntarioMomma is offline
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If you're going to buy a new bed, or a new couch, or a fridge, should there be a government program to educate people on that too?
No, you do the research yourself to choose something you want.

IMO, it's an individual's responsibility to educate themselves and not rely on others or the government to do it for them.
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Old 10-03-2013, 11:11 AM
BitHunter BitHunter is offline
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Yeah, then have the government change your diaper.
Take your parents to the court that they didn't teach you about the potential responsibilities of being a spouse/father before you got married.

The divorce laws are terribly cr*p, I agree, I'm suffering form them heavily, but I don't think the above rant has any merits.

In Canada you have 3 years to "try out" your spouse and if it doesn't work it just say goodbye in a text message without any responsibilities, so Mexico or that muslim trial-marriage is not a good example.
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Old 10-03-2013, 11:13 AM
Livinthedream Livinthedream is offline
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Quote:
Originally Posted by OntarioMomma View Post
If you're going to buy a new bed, or a new couch, or a fridge, should there be a government program to educate people on that too?
No, you do the research yourself to choose something you want.

IMO, it's an individual's responsibility to educate themselves and not rely on others or the government to do it for them.

True but the government is not going to take me to court on any of these issues I purchased and you don't buy a spouse, crap everyone on this forum would have returned them back to the farm they came from.
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Old 10-03-2013, 11:19 AM
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SomeGuy SomeGuy is offline
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I've posted my nightmare in other places, but with my newly minted Divorce Order, here is my situation:

- Married 16 years, Separated at 49 years old (each of us)
- She tried and failed at several jobs during marriage... but essentialy no income.
- I make pretty good money, so not really an incentive for her to work, then or now.
- 16 + 49 = 65. Rule of 65 says she is clear for life... essentially full retirement with no expectation of self-support. (i.e. INDEFINITE SS).
- Her family lives into their 90s. For life planning purposes, I must plan on 40+ years of SS.... and the monthly amount is NOT small.
- I know there are variables and potential ways to end SS... but all I have at this time is what is written on the order... so I *must* plan my life around that.

As my SS/CS is up for review every June (generally the expectation is my income (and therefore SS) will increase... cough), this issue will be a hot button for me for years to come. If I work overtime, moonlight or anything else... she gets 1/2.

I guess what I'm saying is I have the motivation to enter into this battle in some form for years to come.... how to organize and what form it should take I'm still fuzzy on.

I'm taking a mental break at this time... but will have the time and motivation to pursue this in the long haul. At this time, I welcome all ideas, lists and contacts..
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Old 10-03-2013, 11:27 AM
OntarioMomma OntarioMomma is offline
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Quote:
Originally Posted by Livinthedream View Post
True but the government is not going to take me to court on any of these issues I purchased and you don't buy a spouse, crap everyone on this forum would have returned them back to the farm they came from.
The government's not taking you to court for getting divorced either. That's on you and/or your ex.
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