Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Thread Tools
Old 03-30-2016, 01:12 PM
LawHelp LawHelp is offline
Senior Member
Join Date: Apr 2015
Posts: 104
LawHelp is on a distinguished road
Default Ex delaying Trial

A brief summary of my situation:

1- Ex had his own business for last 10 years and did not disclose the information until I stumbled upon the business registration. Therefore, issue # 1 is retro child support which dates back ten years.

2- Ex moved to Saudi Arabia in 2014 and did not disclose employment details. After one year of u going back and forth for disclosure , I had no option but to file a motion to change. Therefore, issue # 2 is child support based on his saudi income(tax free) which i am asking to be grossed up for child support purposes.

I got temp court orders for C.S in a case conference ( haven't done a motion on these issues for temp orders) based on his income in November 2015, without grossing it up. The C.S owed is over $100K.

3-My child is 17 and will be starting university this year, so all those expenses are Issue #3.

4- Finally trial is scheduled for July this year. Ex has a very good lawyer who has been attending court on his behalf. Last appearance Ex was on conference call and argued that we should not be put on a list for trial as he is in saudi and cannot just simply leave work and come for trial. Usually that is what happens, parties get a phone call to come for trial the same day or trial.

Judge then specifically booked one week in July 2016 and ordered ex to make sure that he comes, and try his best to come. She specifically said that he has to try his very very best to come.

Current situation is obviously, I receive an email from his lawyer that Ex applied for time off and it was denied and that him and his level employees are all barred from taking time off until March 2017 and if i didn't agree he will bring a motion.

The denial letter does not show the nature of time off requested. is it outside of the vacation days? He gets 30 calendar days off for vacation in a year. And then to delay it till next year and we don't even know what dates we will get for 2017 if trial is adjourned. this is just a delay tactic

I am trying to understand what other options i have. He is obviously delaying it because the child support arrears will keep accumulating and we all know that that at the end it will be a large amount and he is already claiming "transfer of wealth" to me if i am awarded the full amount. He is in no hurry to get this finished and over with.

By adjourning to 2017, there is no guarantee then either if he will still be able to get time off in 2017 and come fro trial. its all up in the air.

He hasn't shown that he has tried his best. If he is taking time off by telling the company he has a trial to attend? if he is taking time from his canton days that he is legally entitled to? If he can avail sick leave? any other form of leave so that he can attend canada....I have no clue and he has provided zero information on his "very very best" to get time off.

My questions are:

Can his lawyer do the trial on his behalf without him present? or just for the part where he has to testify it can be done via video conferencing ...that is the part that he has to be present anyways and his lawyer can then carry the trial on his behalf??

Since child is starting university, can i do a motion to get temp orders to cover those areas because ex is now delaying trial?

Can i get order from court that i can give to saudi employer showing he has to be here and try to see if they can give him time off. I am sure he has no rush to come for trial, but i need these issues to atleast be temporarily solved.

Also i need the arrears to be addressed and some temporary payments to begin towards arrears otherwise they will keep on accumulating with no hope or recovering them in full.

If i do a motion for these above issues what are the chances that i will get some temp orders for increased C.S, Arrears repayment ( he owes them even if the amount is in dispute), and post secondary expenses?

Any other ideas folks? also if caselaw can support my claim please please please do share.

Reply With Quote
Old 03-30-2016, 01:28 PM
arabian's Avatar
arabian arabian is offline
Senior Member
Join Date: Jan 2011
Location: Western Canada
Posts: 10,689
arabian will become famous soon enough

I would push for a deposit to be paid into court for security for child support arrears - make it substantial. There is case law on this.
Reply With Quote
Old 03-31-2016, 11:23 AM
LawHelp LawHelp is offline
Senior Member
Join Date: Apr 2015
Posts: 104
LawHelp is on a distinguished road

Ok . Thanks arabian for ur advice. Can you please share the case law?

Anyone else who can give any tips? I git served with the 14B for adjournment and i don't have much time.
Reply With Quote

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 - Day 1 experience fieldgrey Divorce & Family Law 8 06-23-2011 10:14 PM
Trial - Day 4 experience fieldgrey Divorce & Family Law 12 06-18-2011 07:44 AM
Trial - Day 3 experience fieldgrey Divorce & Family Law 6 05-26-2011 10:22 AM
Trial Managment Documents and Process Cobourg Divorce & Family Law 3 09-10-2010 01:02 PM
Case Conference and continueing record serrona Divorce & Family Law 5 01-12-2007 05:55 PM

All times are GMT -4. The time now is 01:24 PM.