Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Introductions

Introductions If you're new to the forums, drop by and introduce yourself.

Reply
 
Thread Tools
  #1  
Old 06-29-2018, 09:36 AM
Solarwinds Solarwinds is offline
Junior Member
 
Join Date: Jun 2018
Posts: 3
Solarwinds is on a distinguished road
Default Lawyer Wants Me to Settle

My ex served me two years ago, and I didn't respond. So our divorce was settled in an uncontested trial... which was obviously skewed in her favour.

I quickly lawyered up, and filed a motion to set aside the judgement. Denying her claims of abuse, child neglect, ect.

She served us with her affidavit with pictures of the abuse... I only remember one incident which was self defense... the others are not true.

My lawyer says that it looks really damaging and wants me to take her offer to settle. Which asks me to pay all her lawyer costs upon accepting the offer, and paying her the 10k that I owe her in child support.

It would give me more time with my kids, but it seems ridiculous to have to pay all of that upfront. I would need to take out a loan or something, but my lawyer said I would be liable for all of that anyway if I lost the motion. But at least it wouldn't be upfront...

Is it possible to win the motion? I have no proof that she is lying about the abuse, it is he said she said.
Reply With Quote
  #2  
Old 06-29-2018, 09:43 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 3,475
rockscan will become famous soon enough
Default

Why do you owe her cs? If you are in arrears then you need to pay that asap.
Reply With Quote
  #3  
Old 06-29-2018, 09:56 AM
Solarwinds Solarwinds is offline
Junior Member
 
Join Date: Jun 2018
Posts: 3
Solarwinds is on a distinguished road
Default

I am paying for a lawyer to get my kids back... I can't pay both.
Reply With Quote
  #4  
Old 06-29-2018, 10:31 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 3,475
rockscan will become famous soon enough
Default

Well the judge is going to be critical of that. They will also question why you didnt contest the original filing that got you in this situation. Likelihood of winning the motion with cs outstanding and a non contested application loss is slim to none.
Reply With Quote
  #5  
Old 06-29-2018, 12:57 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,150
Berner_Faith will become famous soon enough
Default

Seems like you created this situation yourself by not responding to her first filing and now you’re not paying child support. That looks very bad on you and you will have a hard time convincing a Judge otherwise. You should listen to your lawyer, settle, pay your child support and move on with your life and be there for your children


Sent from my iPhone using Tapatalk
Reply With Quote
  #6  
Old 06-29-2018, 01:23 PM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,322
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by Solarwinds View Post
I am paying for a lawyer to get my kids back... I can't pay both.
have you been seeing the kids for the last two years?
what made you decide to lawyer up after she was successful in the uncontested trial?
Reply With Quote
  #7  
Old 06-29-2018, 01:47 PM
Solarwinds Solarwinds is offline
Junior Member
 
Join Date: Jun 2018
Posts: 3
Solarwinds is on a distinguished road
Default

I have them every second weekend... and a visitation on Saturdays now.

Before the order I had them every Wednesday overnight too... but she states it's not in the kids best interest to be with me during the school week and lists a bunch of BS as to why.

So I went back to get them back Wednesdays... she offered to give me them on Wednesdays during summertime, but not school year.

I didn't think she was serious when she served me... why I never replied... my mistake.
Reply With Quote
  #8  
Old 06-29-2018, 02:38 PM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,535
Janus will become famous soon enough
Default

Make an offer to settle yourself, make it severable. Did I mention that it must be severable? Yeah, it has to be severable. Offer the following:

A) to pay the entire child support arrears
B) to have the kids during the summer on Wednesdays
C) to have the kids during the year on Wednesdays.
D) no costs

She will accept (a), which will be ordered anyway so might as well offer it. She will likely also accept (b). Then you can fight for (c). It is important to offer (a) otherwise you are going to lose badly.

Also, I would consider taking out a loan pre trial and paying off the CS arrears. You are going to get smoked if you don't do that.
Reply With Quote
  #9  
Old 07-03-2018, 01:09 AM
youngdad91 youngdad91 is offline
Senior Member
 
Join Date: Nov 2017
Posts: 196
youngdad91 is on a distinguished road
Default

you don't have to pay arrears upfront. a reasonable amount every month.that is what fro would do. is this with fro?

do go for more access and at least one weekday overnight every week.

equal holiday access.
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 Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
trial management conference - forced by ex's lawyer nick2009 Divorce & Family Law 13 11-24-2010 10:59 PM
Ditching Lawyer to Represent Myself Rhonda&Kids Divorce & Family Law 8 02-28-2010 12:33 PM
Lawyer out of town? What to do? Edward Divorce & Family Law 2 10-20-2009 08:46 AM
How to Settle...Its been over a year and I'm nowhere with lawyer geena Financial Issues 2 09-17-2009 08:24 PM
Sounds like my lawyer is gonna bail on me... sasha1 Divorce & Family Law 26 01-18-2006 06:13 PM


All times are GMT -4. The time now is 05:30 PM.