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

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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  #1  
Old 02-07-2014, 05:02 AM
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Default Awarded costs

4 months it took for the judge to decide to award costs to the stbx and her lawyer on a motion she filed...is this a normal amount of time to come up with a decision??

When this happens, is it an indicator?? I'm i fighting a losing battle here??

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Old 02-07-2014, 08:29 AM
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Probably depends upon where you live, how complicated the motion was, how many times you were in court on the same motion.

Indicative that judge felt your ex was successful in her motion is all.

What was the motion? More info please.
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Old 02-07-2014, 08:41 AM
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Quote:
Originally Posted by arabian View Post
Probably depends upon where you live, how complicated the motion was, how many times you were in court on the same motion.

Indicative that judge felt your ex was successful in her motion is all.

What was the motion? More info please.
Temporary ss and cs...boils down to the fact that I make much more annually than she does really!!

It was just the 1 motion, wasn't that complicated (I guess)....took the judge 2 days to come up with his decision

Last edited by Leviathan; 02-07-2014 at 08:47 AM.
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Old 02-07-2014, 08:50 AM
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Are you confusing costs with support?

Costs are associated with the legal cost of hiring a lawyer, and their expenses, involved with defending against legal action. The idea is, you should be wise enough to know that your position is untenable, and that you should have come to an agreement without wasting everyone's time in court for a Justice to decide for you. As far as I know, there is no real set formula for costs at motion - but the size of the award may be directly linked to how big of a prick you were in court. Just fyi.

Support is what you owe under various legal rules (regarding child support and spousal support) according to the situation you find yourself in.

I assume you mean a finding of support was made against you. If that is the case, you were most likely hit with costs too. You don't say how much - so it's impossible to say if it was 'average' or not.

But it was all there in black and white (tables for spousal and child support) for you to reference from various different resources. Really, it's pretty straight-forward. You should have know (even with just a LITTLE research) that you did owe, and how much.

Last edited by wretchedotis; 02-07-2014 at 08:53 AM.
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Old 02-07-2014, 08:56 AM
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Oops, and I see I totally mis-read your question.

I think 4 months is just about how long you can expect it to take.

You should hear very soon.
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Old 02-07-2014, 08:56 AM
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Quote:
Originally Posted by wretchedotis View Post
Are you confusing costs with support?

Costs are associated with the legal cost of hiring a lawyer, and their expenses, involved with defending against legal action. The idea is, you should be wise enough to know that your position is untenable, and that you should have come to an agreement without wasting everyone's time in court for a Justice to decide for you. As far as I know, there is no real set formula for costs at motion - but the size of the award may be directly linked to how big of a prick you were in court. Just fyi.

Support is what you owe under various legal rules (regarding child support and spousal support) according to the situation you find yourself in.

I assume you mean a finding of support was made against you.
Temporary cs and ss was awarded...took the judge 4 days to award full cs on non biological child.

Stbx's lawyer decides to put in for costs (pay her bill for this motion)...my lawyer disagrees and said we should each pay our own

4 months later, my lawyer receives ANOTHER decision (or letter) from the same judge stating he's agreed that I should pay costs

Seriously??
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Old 02-07-2014, 09:02 AM
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Yep. It's serious alright.

But it was just for Motion, and that is not the final say. Or at least, it may not be.

You could very easily recoup those monies should you be awarded costs from trial.

No Lawyer will like what I'm about t say next, but I suggest you don't even consider paying it until after the case has gone through the whole process and a Final Order is made.

Something not many people realize (Lawyers will REALLY hate me), is that awards for costs really have very little bite to them, should you decide to not pay at all.

Last edited by wretchedotis; 02-07-2014 at 09:05 AM.
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Old 02-07-2014, 09:05 AM
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I have a sc in march...I've made one ots back in sept...of course no reply from then

Will the judge at the sc (presumably going to be a different one from the motion) going to see the fact that stbx was awarded costs from a motion back in oct??

Last edited by Leviathan; 02-07-2014 at 09:13 AM.
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Old 02-07-2014, 09:11 AM
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Quote:
Originally Posted by wretchedotis View Post

Something not many people realize (Lawyers will REALLY hate me), is that awards for costs really have very little bite to them, should you decide to not pay at all.

With the temp cs and ss she was awarded, where does the judge think I have $$ to pay for her lawyers costs??

So yea...I dont have the $$ to pay...it's definitely not being paid anytime soon!! Trust me
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Old 02-07-2014, 09:18 AM
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With the temp cs and ss she was awarded, where does the judge think I have $$ to pay for her lawyers costs??

So yea...I dont have the $$ to pay...it's definitely not being paid anytime soon!! Trust me

Read my earlier answer. According to the system, you should have known better than to fight it - and this is your punishment.

You face the same prospect at every court appearance. Every conference, and trial. Maybe you should reconsider your position if the burden is too much for you to fall under.
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