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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 08-28-2019, 03:26 PM
Selfrepmom Selfrepmom is offline
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Default Well Now I知 Confused

Went to the courthouse today to get my affidavit sworn to and book a motion date for a summary judgement.

First I went into the office where they file the applications etc to do my affidavit, which is also the FLIC office. I tell the lady that I am going to pop over to the office next to hers to get a motion date set. She asks long or short? I tell her it痴 for a summary judgement. She says, oh they will probably need to book you in for a long motion for that one then. Ok, fine, whatever I gotta do.

So I go next door. Here is my convo with that lady:

Me: I壇 like to book a motion date
Her: Ok we have 度,y, and z available
Me: Ok I値l take y
Her: What痴 it for
Me: A summary judgement to impute income and final order for CS and arrears
Her: Oh we don稚 do summary judgements for child support
Me: Why not?
Her: You need to talk to FLIC
Me: I just did.
Her: Ya but did you tell her you were looking for a summary judgement?
Me: Yes
Her One minute (goes into FLIC痴 office)
Comes back.... 添a, no you can稚 do a motion for a summary judgement for child support, it痴 just not done
Me: 釘ut I致e seen dozens of cases that have seen successful motions made for summary judgements on CS? I have ROE痴, affidavits from employers, EI benefit letters etc, enough to show what the Resp made/is making.
Her: Well then you need to have a SC
Me: I already had an SC, he refuses to pay a penny more than the temporary consent order. There is no point wasting the courts time and resources trying to take this to trial when it is blatantly obvious what this guy should be paying. I thought the whole idea of a summary judgement is that it is to be used for matters that have no genuine issues for trial? This matter has no genuine issue for trial.
Her: Where did you get that definition from? (Like I知 some sort of deranged lunatic)
Me: Ummm section 16 of the Family Law Rules literally says that a final order can be made on matters that have no genuine issue for trial??? (wtf?!?)
Her: (now defensive and extra snooty) Well it痴 not up to me to decide which matters get heard as summary judgements and which ones don稚. That痴 up to the Justice
Me:.......... but...... you just told me that I can稚 have a motion heard for a summary judgement? Does that mean I can now.....?
Her:.......... (starts writing furiously on piece of paper, storms over to the photocopy machine and slams it through) Well you can have date 土 for a regular motion, you池e not getting a summary judgment motion though (Thrusts piece of paper with motion date at me) Here.... you can do whatever you like with it. (Then proceeds to turn her back on me, making it clear that she is not speaking to me anymore)



Yikes. I figured the courts were under pressure and having to deal with a lot of dumb crap since the recent cutbacks but HOLLLLLYYYYYY SHIT.

So now I guess I will just file a regular motion for what? Arrears? S7痴? But the arrears and S7痴 should be based on what he was actually making, not the $150/month he temporarily consented to paying. But I can稚 file a regular motion to impute income can I?

Uggggghhhh. FFS.
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  #2  
Old 08-28-2019, 03:47 PM
rockscan rockscan is offline
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I would still file the motion for summary judgement and use your case law in it. The clerks and judges have different knowledge. Hell the courthouse we deal with fucks up dates and responses completely to the point where my husband received an apology for the fuck up in the trial coordinators office.
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  #3  
Old 08-28-2019, 03:54 PM
Selfrepmom Selfrepmom is offline
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Ya after talking to the trial coordinator I went back into FLIC痴 office.... the lady who works the desk there has always been very nice and helpful. I explained the run around that the trial coordinator gave me and asked her what she thought I should do? She was like well ya you can go to the regular motion and maybe just test the waters on what the Justice thinks about a summary judgement? And she said that they just don稚 see too many summary judgement motions there, unless it痴 something like a CAS matter, so they aren稚 really sure how it would go over (small town problems I guess?)

But you think I should just go ahead and file still as if I知 walking into a summary judgement? I don稚 want to get chewed apart by a judge for paperwork inconsistencies.... or worse get slapped with costs if they池e having a bad day.
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Old 08-28-2019, 04:30 PM
Helpmyspouse Helpmyspouse is offline
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Angry

I don't care what cut backs made her treat you that way and I don't care if she is having a bad day. She has no right to treat you like shit. Such insensitive assholes. I'm sorry you had to deal with that. The system is broken in so many ways. Like you had nothing better to do than to visit the court house just to make her do some work.
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  #5  
Old 08-28-2019, 05:39 PM
Mom 2 Two Mom 2 Two is offline
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Wow sorry you had to put up with that!! You kind of know my issues. And my lawyer just said to me on Friday if he doesn稚 accept my new offer that after this SC we can bring a summary judgement for child support and arrears. Which I swear the judge said no to at last SC... but I guess you don稚 need a judges permission to file for it. He said that way I would at least have an order for child support and arrears.

He also said the bar is not as high as it used to be for summary judgements. What if you paid to consult a lawyer on your material? At least that痴 cheaper than paying costs... I知 sure a lawyer could look over and give opinion if what you have is doable?


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  #6  
Old 08-29-2019, 09:14 AM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by Mom 2 Two View Post
Which I swear the judge said no to at last SC... but I guess you don稚 need a judges permission to file for it. He said that way I would at least have an order for child support and arrears.

He also said the bar is not as high as it used to be for summary judgements. What if you paid to consult a lawyer on your material? At least that痴 cheaper than paying costs... I知 sure a lawyer could look over and give opinion if what you have is doable?
I feel like because it is such a small town the court clerks/trial coordinators just have never seen or heard of a situation where a summary judgement is used for CS. Pair that with the fact that they池e overrun with self reps not having any sort of clue since the recent cutbacks, and they get their backs up immediately.
I think I might file what I have but leave the term 都ummary judgement out of everything and just ask for a final order for CS based on an imputed income, arrears, and past and future s7痴. Worst case scenario (hopefully) is that I will get a final order for past arrears and s7痴 and no final order for imputed income for future CS.
Probably a good idea too to pay $300 or so for an hour consultation to have a lawyer look over everything and get their input before filing too
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Old 08-29-2019, 11:51 PM
sucessfuljourney sucessfuljourney is offline
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Didn't someone make this comment below in your original thread about your this summary judgement motion?

Quote:
Originally Posted by tunnelight View Post
....I don't think you understand the legal system well enough to attempt something like this...


I'm actually not a lawyer, but I stand by my knowledge and first hand experience on these things.

1. This thread is a clear indication that you don't know what you're doing.

2. The fact that you just can't seem to get along with people who disagree with you, i.e., a trial coordinator (my favorite person in my local court house) is also troublesome.

3. Since you can't get along with the trial coordinator and managed to piss her off to that point, I guarantee you will have a hard time getting along with the motions judge.
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Old 08-30-2019, 07:52 AM
iona6656 iona6656 is offline
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Quote:
Originally Posted by sucessfuljourney View Post
Didn't someone make this comment below in your original thread about your this summary judgement motion?





I'm actually not a lawyer, but I stand by my knowledge and first hand experience on these things.

1. This thread is a clear indication that you don't know what you're doing.

2. The fact that you just can't seem to get along with people who disagree with you, i.e., a trial coordinator (my favorite person in my local court house) is also troublesome.

3. Since you can't get along with the trial coordinator and managed to piss her off to that point, I guarantee you will have a hard time getting along with the motions judge.
did you just make another account so you could talk/agree with yourself?

lol.
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  #9  
Old 08-30-2019, 08:37 AM
Selfrepmom Selfrepmom is offline
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Well jeez aren稚 we a bright ray of sunshine today?

For the record:

1. I would LOVE to have a lawyer. Unfortunately I can稚 afford one, not even a little bit. I am putting myself through school starting next month, I haven稚 received proper child support for over 2 years ($0 for over a year and a half), I don稚 qualify for any sort of line of credit, and I don稚 have rich family members willing to lend me money. Oh and I don稚 qualify for Legal Aid. So if you would like I can start a gofundme and you can contribute?

2. Tunnelight痴 opinion(s) are based on his own experiences with his ex. While at times helpful, the truth is that his ex was trying to randomly impute income on him with no evidence, hoping for a bigger chunk of money. AND I believe he and his ex came to their final agreement on consent- nothing was ever ordered by a judge. I have ROE痴, resignation letters, affidavits from former employers and a summary letter from EI, all which clearly outline how much my ex was making up until last year. He never paid for 2017/2018 AT ALL, because he 電idn稚 want to and now he is paying $150/month because he is self employed and he was pressured into consenting to pay something by the judge.

3. I always get along great with the ladies in the FLIC office where I have to file all my paperwork. The trial coordinator痴 attitude took a turn for the worse on me when she asked where I got my definition of a summary judgement from and my response was 鍍he Family Law Rules. I was nice as pie to her but I知 guessing like I said that she is frustrated with the recent cutbacks and people not knowing what they are doing. Which I still don稚 100%. But I知 trying, because I have no other options (unless you still want to contribute to that gofundme?)

4. I agree, Google is no replacement for a law degree. Google needs to be fact checked. That痴 why I use Canlii.

Do you have any helpful suggestions? Just trying my best here. I know I知 going to get where I want to be with my matter, even without a lawyer. Yes it will take longer, yes I will probably get scolded by a judge occasionally for not doing something the correct way. But I literally have no other options and my daughter deserves to live a good life.

(Did I mention her dad just left a few days ago for his SECOND all inclusive vacay down south this year? And I had to scrape money together for back to school shopping. Sigh)
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  #10  
Old 08-30-2019, 09:07 AM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by Selfrepmom View Post
Well jeez aren稚 we a bright ray of sunshine today?



For the record:



1. I would LOVE to have a lawyer. Unfortunately I can稚 afford one, not even a little bit. I am putting myself through school starting next month, I haven稚 received proper child support for over 2 years ($0 for over a year and a half), I don稚 qualify for any sort of line of credit, and I don稚 have rich family members willing to lend me money. Oh and I don稚 qualify for Legal Aid. So if you would like I can start a gofundme and you can contribute?



2. Tunnelight痴 opinion(s) are based on his own experiences with his ex. While at times helpful, the truth is that his ex was trying to randomly impute income on him with no evidence, hoping for a bigger chunk of money. AND I believe he and his ex came to their final agreement on consent- nothing was ever ordered by a judge. I have ROE痴, resignation letters, affidavits from former employers and a summary letter from EI, all which clearly outline how much my ex was making up until last year. He never paid for 2017/2018 AT ALL, because he 電idn稚 want to and now he is paying $150/month because he is self employed and he was pressured into consenting to pay something by the judge.



3. I always get along great with the ladies in the FLIC office where I have to file all my paperwork. The trial coordinator痴 attitude took a turn for the worse on me when she asked where I got my definition of a summary judgement from and my response was 鍍he Family Law Rules. I was nice as pie to her but I知 guessing like I said that she is frustrated with the recent cutbacks and people not knowing what they are doing. Which I still don稚 100%. But I知 trying, because I have no other options (unless you still want to contribute to that gofundme?)



4. I agree, Google is no replacement for a law degree. Google needs to be fact checked. That痴 why I use Canlii.



Do you have any helpful suggestions? Just trying my best here. I know I知 going to get where I want to be with my matter, even without a lawyer. Yes it will take longer, yes I will probably get scolded by a judge occasionally for not doing something the correct way. But I literally have no other options and my daughter deserves to live a good life.



(Did I mention her dad just left a few days ago for his SECOND all inclusive vacay down south this year? And I had to scrape money together for back to school shopping. Sigh)


You go mom!! You are strong! Patient, fair and doing your best!! No one should fault you for that. It takes a brave person to try to navigate the courts by themselves. Just keep fighting for the information you need and you will come out on top sooner or latter. Sooner I hope.


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