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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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  #11  
Old 08-10-2014, 05:47 PM
Sadmommy Sadmommy is offline
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I also have emails where he says he will enjoy his ride on EI, where he will quit his job so I get nothing. I plan to add these as exhibits to show how he is purposely not working he went from making over a 100 grand a year to EI once my order was final.
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  #12  
Old 08-10-2014, 05:52 PM
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Originally Posted by Sadmommy View Post
Thank you so much, I have been watching this forum for some time. It has been a life saver. So I am going into court on my own and it feels so overwhelming. I was planning to send an email to his lawyer to request financial disclosure of my ex and his common law partner. Is this a good idea or should I use the Request inform form. I want a long list of stuff from him, if he is claiming undue hardship, its really up to him to prove why
I would use the Request information form, send it registered mail to EX's lawyer including any other info or settlement offer you can live with. Once in court, you will mention to the judge about the welfare g/f and how your EX is attempting to make himself appear poorer that he actually is to avoid paying CS .... Judge will not be amused!
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  #13  
Old 08-10-2014, 05:56 PM
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Yes! make copies of these .... judges see this kind of idiots everyday in court. Your EX will probably be imputed to his regular salary.

Don't let him intimidate you, keep fighting for your kidlet's rights.

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Originally Posted by Sadmommy View Post
he is purposely not working he went from making over a 100 grand a year to EI once my order was final.
Our EX's must have gone to the same school? Judge's are not easily duped by these types ... show proof of his past earnings and also what he is capable of earning, he will not get away with this unless you let him.
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Old 08-10-2014, 06:10 PM
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Thank you Janibel. You have certainly made me feel a little bit better. And yes, he is really good at intimidation.
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Old 08-10-2014, 06:35 PM
standing on the sidelines standing on the sidelines is offline
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Originally Posted by Sadmommy View Post
Basically he would like the the arrears he owes to be $0.00
For me to receive no spousal support, which is not a big deal to me as it is set at $1.00
for ad decrease in his child support
for no obligation to maintain me or the children on any life insurance or extended health benefits

I am inquiring on what is likely the next step in this matter. I plan to respond that I do not support this motion of course. I expect that his CS will go down which is fine with me for now but I want to ensure that my entire final order doesn't get ripped up due to him not being employed at this time.
if he is on EI then I am assuming he doesn't have extended health benefits anymore either. You should be looking into getting your own benefits.

I am not sure of your situation, if you are living with someone or even working full time.
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Old 08-10-2014, 06:43 PM
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Originally Posted by standing on the sidelines View Post
if he is on EI then I am assuming he doesn't have extended health benefits anymore either. You should be looking into getting your own benefits.

I am not sure of your situation, if you are living with someone or even working full time.
I do work but I don't have coverage of my own as I am a contract worker. So are you saying that because he is on EI his responsibility to the children should be null and void. He won't be unemployed for the rest of his life and I am not going to not fight for what is in my kids best interest in the future because of a temporary situation
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  #17  
Old 08-10-2014, 07:20 PM
standing on the sidelines standing on the sidelines is offline
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Originally Posted by Sadmommy View Post
I do work but I don't have coverage of my own as I am a contract worker. So are you saying that because he is on EI his responsibility to the children should be null and void. He won't be unemployed for the rest of his life and I am not going to not fight for what is in my kids best interest in the future because of a temporary situation
I am not saying that at all. The reality is that he is on EI. He probably doesn't have coverage himself right now. You also have a responsibility to the kids to have coverage for them.
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  #18  
Old 08-10-2014, 07:34 PM
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Quote:
Originally Posted by standing on the sidelines View Post
if he is on EI then I am assuming he doesn't have extended health benefits anymore either. You should be looking into getting your own benefits.

I am not sure of your situation, if you are living with someone or even working full time.
SOTS is right, your EX has probably lost his medical benefits - though it would be important for any new agreements to state that :your children be covered by any medical coverage should either of you have access to it in the future. This would have to be worded in proper 'legaleese' with yearly financial statements as proof of such.

Until either you or your EX find jobs with full benefits, you would have to split 50/50 the cost of private medical insurance for the kidlets. That would seem a fair way to settle this.
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Old 08-10-2014, 08:07 PM
Sadmommy Sadmommy is offline
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Thank for the advice, I didn't think about that. I am so afraid to make any deals with him because its cutting a deal with the devil. I just want to protect myself and the kids in the future
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  #20  
Old 08-10-2014, 09:07 PM
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ay
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Originally Posted by Sadmommy View Post
Thank for the advice, I didn't think about that. I am so afraid to make any deals with him because its cutting a deal with the devil. I just want to protect myself and the kids in the future
The best way to do that is to have a lawyer draw up a proper settlement - the problem is, and will always be, getting that enforced. I understand that you are presently unable to retain a lawyer ... though if the EX owes you over $20,000 perhaps you could mention that to a prospective lawyer. This might just get things moving in the right direction.

You want to have a proper settlement, one that takes into account that your EX is temporarily unable to fulfill his commitments but will none the less have to contribute to HIS kids futures once his financial situation improves.

Maybe you could hire a lawyer, just to draft this agreement for you (in legal terminology) and you could then present this to the opposing lawyer or in court if they are unwilling to sign?
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child support, final order, motion to change, spousal


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