NB dad r u serious You have 10 kids
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Hey...here I found an example where social assistance is involved and the mother HAD to pay costs and she HAD her CS amounts decreased to affect this... here is just one clause from it...
Disposition
[36] Accordingly, an order shall go that the Respondent pay costs to the Applicant in the amount of $40,000. Until the costs are paid in full, the Father may set off from the monthly child support payments payable to the Mother up to $300 a month, provided that the total set off for both costs and the cost of counselling is no more than $300 per month.
Here is the link...CanLII - 2010 ONSC 4882 (CanLII)
feel free to read it through and find out that even though you are on social assistance DOES NOT exclude you from paying costs
EDIT: While you may not be on social assistance...you lack on income will not stop the costs being awarded to the ex either, as your income is the same as making min wage, which is more than most people on assistance receive.
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Here is another one (which for some reason I REALLY WANT TO SAY is our own WorkingDad's case - I almost certain it is):
CanLII - 2011 ONSC 7476 (CanLII)
QUANTUM OF COSTS
9. The Respondent now seeks costs in the sum of approximately $15,000.00. The Applicant’s counsel acknowledged that had the Respondent been represented by counsel, full or substantial recovery for costs for a 17 day trial could easily total $50,000.00. However, Mr. Vamos suggested that full or substantial recovery is not an appropriate scale, and – perhaps more fundamental to his argument – as a self-represented litigant, the Respondent’s recovery should be minimal: more in the range of $3,000.00. He said the Applicant can’t even afford to pay that amount.
ABILITY TO PAY
48. Mr. Vamos argued the court must ultimately consider financial reality: the Applicant is a single mother on Ontario Works, with no ability to pay. Pursuant to my order she still has primary residence of the child, Maxeem, although a transition to equal time will occur within no more than 18 months
61. Encouraging settlement and discouraging inappropriate behaviour by litigants is important in all litigation – but particularly in family law, and most particularly in custody cases. No litigant should perceive they have “wings” – the ability to say or do anything they want in court, without consequences.
62. I have no doubt that the Applicant’s financial hardship is real. She is currently on Ontario Works. She originally testified she planned to remain out of the workforce a few more years, taking care of Maxeem. Now that Maxeem will be spending much more time with the Respondent, perhaps she will reconsider her plans, and apply her Mohawk College diploma to find work. She may not be able to satisfy a costs order until she gets back on her feet.
COSTS ORDER
70. I find that the Respondent is entitled to costs on a substantial indemnity basis.
71. I find that the fairest hourly rate is $100.00. This rate presumes a certain amount of efficiency on the part of the Respondent. I would allow compensation for 200 hours, totalling $20,000.00.
72. However, applying all of the other required factors, including reasonable expectations of each party, and the Applicant’s financial circumstances (particularly in the context of her continuing responsibilities toward the child), I reduce the overall fees component to $10,000.00.
73. There is no justification for reducing the aforementioned $1,500.00 disbursements.
74. Accordingly the Applicant shall pay to the Respondent costs of this trial fixed in the sum of $11,500.00 inclusive of fees, disbursements and HST.
Edit - fuck it, I am 100% certain this is WorkingDad's case!!!!Last edited by HammerDad; 02-02-2012, 05:30 PM.
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Like I said before unless you're a lawyer or a judge, don't bother responding. I MAY take your advice then and only then. I WILL have my day and I WILL have a VOICE! And when I do, I'll be sure to drop back here and tell you all about how I didn't have to pay a dime towards my husbands fees.
And by the way, I have a university degree and I work VERY HARD!!
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You do realize that some of the people that have responded to this thread work in law offices and work very close to family law lawyers who have YEARS of experience...but yes please stop by and tell us how you made out... and if we don't hear from you, then I guess we all know we are right
I don't think it matters if people were a lawyer or a judge because you have a lawyer who is telling you something and you are choosing not to listen...like wtf do you want? People to tell you to go against the advice of your lawyer? You are wrong...deal with it...
And if you have a university degree and work very hard...your income would be well above $20,000.
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Originally posted by CanaryMom View PostI don't know why everyone is coming down so hard on me! I have rights and one of those rights is to go to trial. I am not taking money out of my childrens pockets. My husband will have to pay what is ordered no matter how much he pays in legal fees.
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I have rights and I plan to use those rights as a canadian citizen.
Pick yourself up and get a job and prove him wrong, and make him look like an ass. Show him you are the better person and not a revengeful bitch. You can do it !
I have a major issue with you trying to use the excuse of being a Canadian citizen in this situation. I was born here, it doesn't give me the right to be a revengeful, money grubbing ex. Your citizenship has nothing to do with reality, and being fair.
Your kids will be better off if they see mom working, happy, having a social life outside of theirs and self-esteem ! If you are happy, then they will be happy. Trust me...
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Originally posted by CanaryMom View PostLike I said before unless you're a lawyer or a judge, don't bother responding. I MAY take your advice then and only then. I WILL have my day and I WILL have a VOICE! And when I do, I'll be sure to drop back here and tell you all about how I didn't have to pay a dime towards my husbands fees.
And by the way, I have a university degree and I work VERY HARD!!
Sure, you will have a voice.....until a judge tells you to shut the fuck up....
A judge doesn't care about your ex and his affair. They've seen it probably literally THOUSANDS of times throughout the years.
Lady, you're not the first person to be screwed over by their ex and you won't be the last. Get the hell over yourself....
Also, how does your ex earn $100k while also looking after the kids 50% of the time.
Get over yourself. You're a troll. Should your ex bend over out of guilt or remorse, you may have a choice. But even with 1/2 competent legal counsel, you should be exposed.
Edit - and I guess the cases that were provided where judges DID order costs (including our very own workingdad like 5 MONTHS ago)....but hey let the troll listen to her cackling hens and delude her into believing she can drag this court with NO leg to stand on, sit there and yell "but hey, he cheated" (without a judge telling they don't care and to shut the hell up) and not get hit with costs.
2nd edit - Wait, is this a shared parenting arrangement and dad is still paying full c/s....if so lady, I hope you end up in court....Last edited by HammerDad; 02-02-2012, 10:38 PM.
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Originally posted by CanaryMom View PostLike I said before unless you're a lawyer or a judge, don't bother responding. I MAY take your advice then and only then. I WILL have my day and I WILL have a VOICE! And when I do, I'll be sure to drop back here and tell you all about how I didn't have to pay a dime towards my husbands fees.
And by the way, I have a university degree and I work VERY HARD!!
If there were lawyers or judges here, they wouldn't reveal that to us, and probably a judge wouldn't be able to be on here anyway or they would recognize cases in their courtroom and have to excuse themselves.
But if you will only take advice from lawyers and judges, read these two books:
Tug of War, by Harvey Brownstone (a family court JUDGE)
Surviving your Divorce, by Michael Cochrane (a family LAWYER)
Yeah, it sucks that he had an affair and left you. Obviously he knows it because he gave you the house and nearly all the assets. You'll be surprised how irrelevant his affair is when you get to court. They don't care, and won't let you harp on about it like you are here. But you have to refocus from feeding your pain, because court is not going to validate it, to helping your children get through this.
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Originally posted by HammerDad View PostWait, is this a shared parenting arrangement and dad is still paying full c/s....if so lady, I hope you end up in court....
Go ahead, get thee to a courtroom!
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