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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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  #31  
Old 01-30-2016, 08:52 AM
rockscan rockscan is offline
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Depending on how much it is he would still be made to pay. He had knowledge of his income going up, you asked for info, he refused. The judge wont like that.

You could argue that it will be used for education costs as you were struggling to cover costs and couldnt put money away.
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  #32  
Old 01-31-2016, 07:14 PM
momwithteendaughter momwithteendaughter is offline
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So, out first appearance is this Thursday. I haven't received a response to my motion however received correspondence from my ex written by a lawyer. And a letter advising that the lawyer is not on the record

I the correspondance is an change (form 25) advising that access is 50:50 as of Jan 1st with off set child support amount. Correspondance doesn't speak or respond to any of the requests made on my motion (full disclosure of financials , retroactive, Extraoridnary expenses)

I don't believe ex is prepared this Thursday with response and by the what hasn't responded to the motion therefore not sure if he's prepared to request for extension?!!!?

I'm hoping that on Thursday he will agree to mediation (especially with him not being prepared). And we can discuss details of access, child support ( retro and offset amount), Extraoridnary expenses and future post secondary education (details of what we each would be responsible for). Does this seem unreasonable to you??? Thoughts???
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  #33  
Old 01-31-2016, 07:30 PM
rockscan rockscan is offline
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Like i said privately, you would be a good case for three years retro since he knew his income went up and didnt advise you.

I would offer the three years retro to be paid in installments, offset cs beginning jan 1 and reversing immediately if daughter comes back, future medical/dental split, updated financials and cs recalc annually, agreed to s7, then a plan for post secondary split and list out the expenses you agree to.
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  #34  
Old 01-31-2016, 07:47 PM
momwithteendaughter momwithteendaughter is offline
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Thanks Rockscan. May the court house are there available mediators to assist on the premises?
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  #35  
Old 01-31-2016, 08:01 PM
momwithteendaughter momwithteendaughter is offline
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Found my answer. Mediation services are available onsite for those who has court dates. On a first come first serve basis and limited to cases similar to mine (child support, custody and access).
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  #36  
Old 02-05-2016, 08:29 PM
momwithteendaughter momwithteendaughter is offline
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We were scheduled for out first appearance yesterday.
My ex had not responded to the motion. He didn't have a lawyer on record, howeve he had hired his previous lawyer to help him complete some forms (not all)
I had the opportunity to meet with my ex last Monday. He had expressed his discomfort in going through the whole litigation process. I took the opportunity to offer him the option of mediation. This time he agreed. Actually he wanted me to drop the whole thing and the both of us continue with our own agreement. I was comfortable with that as I wanted to ensure what ever we agreed with was on the record. We approaches the law clerk right away and advised that we were going to opt for mediation. The court gave us a court referral for mediation which gave us 2 free hours to has everything out and go through the negotiations etc.
The mediation worked out very well for us as we were both willing to negotiate. after mediation was over we both went back to see duty counsel and shared with counse the outcome of the meeting. Unfortunately we have to return back to sign the minutes of settlements and get it signed off/commissioned and file to complete the process. Although prepared I was fortunate that I didn't need to go through the whole litigation process

Oh I forgot to add that during the mediation we were able to add to the order the subject of Post Secondary education. We listed the eligible expenses related to PSE.
I wante sti ensure I added to thread an update to my Post

Thank you everyone who added some input to my posts
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  #37  
Old 02-05-2016, 10:00 PM
ross_toronto ross_toronto is offline
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What a great outcome. I hope you get it all signed and sealed and everyone goes home if not happy at least relieved.
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