Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 05-30-2011, 02:45 AM
wretchedotis's Avatar
wretchedotis wretchedotis is offline
Senior Member
 
Join Date: Oct 2009
Location: ON
Posts: 2,317
wretchedotis is on a distinguished road
Default Initial Application vs Motion to Change.

Just curious if anyone can answer a few questions for me.

I ended up settling my first time around on Custody/Access issues.
As a result, some of my inital comlaints/issues were never tested at trial.
These issues remain in my opinion (High Conflict used as a mthod to control outcome, Moving away from jurasdiction during litigation, Withholding access days, and more).

So I'm wondering - can I go back and revisit these issues now that my ex has filed and served a motion to change? Or are these issues no longer valid to bring-up?

Another question: My ex has a different lawyer this tme around (I am a SRL - both then and now). During settlement discussions, I informed both her and her lawyer I had just landed a new job - and my income was about to become much higher then up to that point. We all decided that we would not go through FRO as the coming change in CS would most likely be easier to accomplish leaving them out of it.

My ex, in her motion to change, indicates that this did not happen and that she was unaware of my new income until she filed her motion to change. She is asking for retro-active back pay, and an increase in CS to table with my current wage.

She is lying. Wholly, and completely. During Case Conference the Judge asked her why she withdrew from FRO - she started to explain what had happened, until she realized she was about to explain herself as lying. She caught herself and finished her sentence in some sort of mumbled statement about it being for CS purposes.

So my question is: Can I call her former lawyer as a witness? I understand there are lawyer/client privilages. But If question him on only what I said to him during those settlement talks - I believe he would be forced to admit that the new income had been disclosed, and that the ex is obviously playing games. There should be no privacy/privilage concerns with his and mine conversation, should there?

Last edited by wretchedotis; 05-30-2011 at 02:50 AM.
  #2  
Old 05-30-2011, 11:53 PM
fieldgrey fieldgrey is offline
Senior Member
 
Join Date: Apr 2011
Location: Ontario
Posts: 147
fieldgrey is on a distinguished road
Default

Quote:
Originally Posted by wretchedotis View Post
Just curious if anyone can answer a few questions for me.

I ended up settling my first time around on Custody/Access issues.
As a result, some of my inital comlaints/issues were never tested at trial.
These issues remain in my opinion (High Conflict used as a mthod to control outcome, Moving away from jurasdiction during litigation, Withholding access days, and more).

So I'm wondering - can I go back and revisit these issues now that my ex has filed and served a motion to change? Or are these issues no longer valid to bring-up?

Another question: My ex has a different lawyer this tme around (I am a SRL - both then and now). During settlement discussions, I informed both her and her lawyer I had just landed a new job - and my income was about to become much higher then up to that point. We all decided that we would not go through FRO as the coming change in CS would most likely be easier to accomplish leaving them out of it.

My ex, in her motion to change, indicates that this did not happen and that she was unaware of my new income until she filed her motion to change. She is asking for retro-active back pay, and an increase in CS to table with my current wage.

She is lying. Wholly, and completely. During Case Conference the Judge asked her why she withdrew from FRO - she started to explain what had happened, until she realized she was about to explain herself as lying. She caught herself and finished her sentence in some sort of mumbled statement about it being for CS purposes.

So my question is: Can I call her former lawyer as a witness? I understand there are lawyer/client privilages. But If question him on only what I said to him during those settlement talks - I believe he would be forced to admit that the new income had been disclosed, and that the ex is obviously playing games. There should be no privacy/privilage concerns with his and mine conversation, should there?
In your answer/reply you can ask for any order you wish. Whether it is accepted and so ordered is another matter. The questions of validity will be about relevance, currentness, etc. Just be careful to stay on side of what is needed (relevant) now instead of hashing old issues. Generally speaking you'll have very little room to move in settling old issues that aren't tangible, ie money and assets. 'Soft' issues of the past like access, etc are only material in creating a pattern of behaviour if it continues into the present.

As for subpoenaing the lawyer, you'll have very little luck. Settlement discussions of any stripe tend to fall under the 'without prejudice' banner. Hopefully you'll have written documentation about communicating the change in income - or was it all verbal? Anyway, I think you need to stay on task: how is the matter of retroactive support relevant unless you are claiming that your ex declined an increase in support and has now had a change of heart? Frankly, you'll have a tough argument even if you could get the lawyer to fess up. It's going to be a lot of he said/she said without much advantage to you.

Good luck-
FG
Closed Thread


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 On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion to Change Application - No Response!! fatherof2 General Chat 6 01-03-2011 10:57 AM
Retroactive Motion to Change? Spoonz Divorce & Family Law 4 11-12-2010 10:34 PM
Can I apply for an application to dismiss Respondents Motion to Change kelly Divorce & Family Law 7 11-05-2010 12:41 PM
Need help with motion to change support Ihave2kidsIcannotsee Divorce & Family Law 1 03-19-2009 11:04 AM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 02:44 PM


All times are GMT -4. The time now is 03:11 PM.