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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 05-18-2009, 02:20 PM
Heart-broken dad Heart-broken dad is offline
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Default Settlement conference coming up

Hi everyone, just a few questions since I'm going to court in about a month. I've posted my story on a couple of threads, and you can look it up if you have any questions. It was a 14 year common law relationship, 2 children aged 7 & 9, I'm now remarried. I paid CS since the day I left.

1) Am I correct in assuming that SS isn't automatic under common law? Her "gross" earnings were higher than mine, but because she's self-employed, she can widdle her net earnings to make it seem like she's earning minimum wage.

2) She had at least one garage sale without my knowledge, where I believe some of my personal property, and definitely some of our shared property was sold without my knowledge or consent. How can I use this to my advantage?

3) Her lawyer wants me to show up for "questioning under oath" during a 2 hour meeting at an independent reporting services centre. Is this for real? Can he force me to do so? Can I do the same to my ex?

4) I have a sworn affidavit from some of her former friends, stating that she asked them to lie about me, and that she had a plan to get a restraining order on me, and would even enter a home for abused women if she wasn't able to get it. The judge doesn't seem to care about this. Why?

5) Is there a point in bringing in witnesses to corroborate events? If so, when?

I have proof that she has lied about me, lied about the children, asked her friends to lie about me, lied on an affidavit, that she has spread malicious rumours about me, that she has stolen from me, that she has restrained me against my will, and assaulted me. I have seriously had enough of being trampled by her and her lawyer. Why isn't family law more like criminal law? She would be in jail by now....

I'm sure I'll have more questions, and appreciate all your responses.
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Old 05-19-2009, 09:13 AM
logicalvelocity logicalvelocity is offline
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Quote:
Originally Posted by Heart-broken dad View Post
Hi everyone, just a few questions since I'm going to court in about a month. I've posted my story on a couple of threads, and you can look it up if you have any questions. It was a 14 year common law relationship, 2 children aged 7 & 9, I'm now remarried. I paid CS since the day I left.

1) Am I correct in assuming that SS isn't automatic under common law? Her "gross" earnings were higher than mine, but because she's self-employed, she can widdle her net earnings to make it seem like she's earning minimum wage.

2) She had at least one garage sale without my knowledge, where I believe some of my personal property, and definitely some of our shared property was sold without my knowledge or consent. How can I use this to my advantage?

3) Her lawyer wants me to show up for "questioning under oath" during a 2 hour meeting at an independent reporting services centre. Is this for real? Can he force me to do so? Can I do the same to my ex?

4) I have a sworn affidavit from some of her former friends, stating that she asked them to lie about me, and that she had a plan to get a restraining order on me, and would even enter a home for abused women if she wasn't able to get it. The judge doesn't seem to care about this. Why?

5) Is there a point in bringing in witnesses to corroborate events? If so, when?

I have proof that she has lied about me, lied about the children, asked her friends to lie about me, lied on an affidavit, that she has spread malicious rumours about me, that she has stolen from me, that she has restrained me against my will, and assaulted me. I have seriously had enough of being trampled by her and her lawyer. Why isn't family law more like criminal law? She would be in jail by now....

I'm sure I'll have more questions, and appreciate all your responses.

Rather than get side tracked and go off on a tangent with what she has done -- refute the allegations etc by way of Affidavit. At the end of the day the court wont care about that. However, Don't forget the primary them of your action and that is the children's present and future best interest. Focus on this throughout your action no matter what. Everything else is secondary.

lv
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