Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 12-05-2019, 12:00 AM
ipodtouch ipodtouch is offline
Junior Member
 
Join Date: Sep 2008
Posts: 13
ipodtouch is on a distinguished road
Default Lawyer recommendations

Looking for a “good” Lawyer that defends fathers rights. Must also be well apprised on immigration.

Long story short. My husband married a woman from another country. They had one child, they moved to Canada, and, she refuses to work now that she’s living here and they are separated. She claims she can’t speak English, yet has lived here now for 15 yrs and has a business degree. She held a lucrative job when they first moved to Canada (so she can, in fact, speak English well), then quit. She has had odd jobs, paying minimum wage and has quit those as well. My husband has a very good paying job that unfortunately takes him out of country part of the year.

We recently won a court case allowing my husband extra time with his son. All requests for extra time before this were denied by his ex.

Our issue now is, she and her lawyer never cease harassing my husband. They had an agreement when they separated to deal with child support and alimony. If my husband made extra money, he has ALWAYS adjusted CS, although they had an agreement (ordered by the court) that stipulated SS for the next 5 yrs. They are now coming after him for more SS as his wages increased. We are dumbfounded. How can they re-open a court order. It was stipulated that SS wouldn’t change (even if his/her income went up). Only thing that would vary would be CS, which he has abided by.

It’s relentless. This woman refuses to work. She makes more money sitting on her rump, then I make busting mine in a good paying career.

If anyone has ANY suggestions, or a good recommendation to stop this nonsense once and for all so we can get on with our lives (and hopefully retirement), it would be much appreciated.

Thanks in advance.
Extremely frustrated.
Reply With Quote
  #2  
Old 12-05-2019, 12:07 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,886
rockscan will become famous soon enough
Default

If the agreement CLEARLY states no extra ss or adjustment to ss based on income then ignore the letters. Actually, he can send a response that quotes the agreement and ends with “I will not be responding to any further harassment on this matter”.

A) what she does (or does not do) is not your concern and you need to let it go.

B) grow a thicker skin to deal with this as it will get uglier when the ss end date comes.
Reply With Quote
  #3  
Old 12-05-2019, 01:13 AM
ipodtouch ipodtouch is offline
Junior Member
 
Join Date: Sep 2008
Posts: 13
ipodtouch is on a distinguished road
Default

Thank you for your speedy reply rockscan.

This has been circumventing our lives now for 4yrs. Our lawyer isn’t really forthcoming with a definitive answer regarding SS so we are less than impressed. We are considering changing lawyers at this point but unsure as to what the ramifications would be.

We won the custody battle hands down. Parental alienation proven and increase access granted, but my husbands ex comes after him each time a T4 is issued. Quite honestly, can she not be held accountable for her own basic needs??? She is intentionally underemployed/not employed period, and we are held responsible for supporting her. At $4000+/mos, it makes retirement a fantasy at this point. He is NOT a deadbeat dad, has never argued CS and pays it w/o fail monthly. This woman plays the immigrant card at every corner. She has now hired her lawyer as a “friend of the court”, so essentially WE pay for her representation to garner even more money. It never ceases. She works the system so well.

We desperately need help to put a finality to this.
Reply With Quote
  #4  
Old 12-05-2019, 08:09 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,886
rockscan will become famous soon enough
Default

What does the agreement say specifically about ss?

Until her lawyer files a motion for the ss you can ignore them.
Reply With Quote
  #5  
Old 12-05-2019, 11:10 PM
ipodtouch ipodtouch is offline
Junior Member
 
Join Date: Sep 2008
Posts: 13
ipodtouch is on a distinguished road
Default

Hi again Rockscan. Thank you for taking the time to answer my questions.

So, the agreement says:

“The above spousal support provisions assume the respondents annual income is $******. If there is a material reduction from the above (ie $****** per annum), the spousal support may be varied. Either party may earn additional income above the assumptions, but such additional income shall not be a basis to vary the support.

It seems fairly straight forward to us although the other sides lawyer constantly harasses my husband as he did in fact earn more following this agreement (overtime etc). They made a deal at the time and I assume his ex is now upset that she can’t claim an extra slice of the pie.

My husband has always varied CS w/o hesitation each time his income went up. The constant barrage and threats of, “we are taking you back to court for more alimony; you will be responsible for court costs” etc. is just becoming too much.


Side bar, do you happen to know what a “friend of the court” is VS lawyer? She has had the same lawyer since this all began, then all of a sudden shows up unrepresented in court, then her initial lawyer showed up at the last court case and announced herself as a friend of the court. Does this mean that she doesn’t pay for her lawyer?
Reply With Quote
  #6  
Old 12-06-2019, 07:55 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,886
rockscan will become famous soon enough
Default

Quote:
Originally Posted by ipodtouch View Post
The above spousal support provisions assume the respondents annual income is $******. If there is a material reduction from the above (ie $****** per annum), the spousal support may be varied. Either party may earn additional income above the assumptions, but such additional income shall not be a basis to vary the support.
Im not a lawyer but based on what I have read in these forums, unless she can prove he knew he could make more money, the agreement is straight forward. If he knew at signing he could (and would) work to earn more then he negotiated that clause in bad faith.

They would need to bring a motion to change and prove he knew this at the time. I have a feeling they can’t prove this hence the empty threats.

He could also stop working overtime. Things will be tight for the next four years but at least there will be and end to the ss.

Quote:
The constant barrage and threats of, “we are taking you back to court for more alimony; you will be responsible for court costs” etc. is just becoming too much.
Ignore, grow thicker skin, let it go.

Quote:
Side bar, do you happen to know what a “friend of the court” is VS lawyer? She has had the same lawyer since this all began, then all of a sudden shows up unrepresented in court, then her initial lawyer showed up at the last court case and announced herself as a friend of the court. Does this mean that she doesn’t pay for her lawyer?

It may have been that she saw the lawyer at the court house and asked for help and thats how the lawyer appeared. If you are looking for a way to get her to just rep herself you could object to that happening but a judge may still allow them.

If you are so worried, have your husband cut back his hours. Or work for cash. Or get a lawyer to send a fuck off letter. You don’t need a super expensive one for that.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Lawyer recommendations Penelope753 Divorce & Family Law 25 11-20-2019 02:47 PM
Lawyer recommendations whatsup Divorce & Family Law 14 03-24-2010 04:13 PM
Ditching Lawyer to Represent Myself Rhonda&Kids Divorce & Family Law 8 02-28-2010 01:33 PM
Lawyer out of town? What to do? Edward Divorce & Family Law 2 10-20-2009 09:46 AM


All times are GMT -4. The time now is 07:22 AM.