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Nov trial I'm Srl ex has the worst lawyer ever

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  • Nov trial I'm Srl ex has the worst lawyer ever

    I know this will be difficult to explain ,I divorced after 25 years 3 years ago ,we have 2 adult children I was the primary care giver as my ex lived away from us for 11 years perusing the career he resumed in 2012. We had a 5 year separation because our youngest child was still in school and I did not want to disrupt his life ,I am ill and was on ODSP at the time I just qualified for CPP .in 2012 we stilled shared a house as he was away during the week ,I thought we had a good relationship and trusted him ,first mistake .He insisted we NOT use lawyers and could do our own divorce I conceded because we got along our order contained provisions beyond support that he was to provide ,not only did he not pay support he of course did not follow thru with the provisions FRO could not do anything but collect support. He had I'm now aware of actually consulted 2 lawyers before signing I only talked to duty council about non specific things .Also he did not disclose the value of an RRSP it was 84,000$ he said 6400.$after our divorce I moved in with a person I had been seeing for some time he is now my common law husband ,he is a farmer and unfortunately partly due to his own divorce and subsequent debt has very little income 3yraverage 22,000$ .he does have a home and capital though .my ex never disclosed his 2012 income and in the years after our separation he attempted to underemployhimself and went on EI as much as he could when I finally filed he resumed his lucrative career his income rose substantially up from 70-117 ,ooo$ in 2015 , I started proceedings again in August 2015 due to his no compliance I had no idea of the substatial increases ,I realize I'm likely entitled to support based on his new income but I'm still only asking for one based on his 2012 income which I should have gotten in the first place ,I also want retro active to pay off the debt I incurred to make ends meet . He is trying to punish me still by doing things like avoiding service 6x ,changing lawyers and sadly involving our children .His lawyer was previously disbarred and I'm sure he is telling him all sorts of fantasy outcomes one is he won't have to give me anything !!one provision in the order has that if I was to remarry my support would not change and another was that if I decided to live alone I would be given the proper entitlement on the SSAG .I need advice I tried without success to retain council so now it's getting very scary first about my opening letter ,second the trial record should it go back to the begging or just to the start of this motion .also I already filed a book with all my pleadings case law and evidence which took forever now it appeared that he wants me to do another one although I don't know if he ever even looked at the first other than a new opening letter a new one will be exactly the same ,I don't mind preparing one for the jugge again but I don't want to do it for the other side I haven had support paid for 2months and have no money to waste if I don't need to ,duty council can not help and admitted she had no idea what to do ,can I get the one filed in the court bacteria or can it be used in trial ,I mentioned that all my evidence was already filed and the originals where in the book so he responded that I can copy the pages ,the court charges 1$ per page lol ,I'm not really worried about my rights just presenting them correctly I know from spending months on CanLii that I'm entitled to more support and I hope I won't be held to pay costs when I was forced to return because of his default of the terms and because I will give another offer to settle ,this time I will email it si his council can not lie and say he did not get it ,thank you for any productive suggestions

  • #2
    paragraphs, shorter etc..

    Comment


    • #3
      I'm sorry, I can't follow that at all. The only advice I can give you is to be sure not to self-represent because no judge is going to be able to follow your details, and be prepared for high legal fees because it's going to take a lawyer a long time to detangle your words into a case.

      Can you summarize with a point form chronological account of your marriage and separation and court appearances, then tell us exactly what you hope to accomplish?

      Comment


      • #4
        You just wrote your entire case in one looooong sentence.

        Write each point paragraph by paragraph and number the paragraphs


        What date was the original order made

        What does the order say about child support and based on what income was it

        What is the new salary of the support payer

        Are custody and access in dispute?

        Have you made a formal offer to settle and faxed it to the lawyer or sent with registered mail with fax confirmation or mail delivery confirmation? Have you filed it with the court and filed an affidavit of service? The lawyers will always lie about not receiving documents and is a little disturbing thing in Canada for our lawyers to play dirty tricks or to play games in the first place

        I suggest you take a couple days off and just sit in court and watch. Appearances and trials


        Sent from my iPhone using Tapatalk

        Comment


        • #5
          Hi I did make an offer to settle but of course his Lawyer didn't get it .The judge told me to to make a summary of facts ,relief wanted and why I feel I deserve it .I realize things need to be condensed and I will have an educated friend re write it for me ,I'm dyslectic . The previous posters comment to NOT self represent is a bit obvious ,it was not a choice I had to make .I suspect his Honour is not impressed that council has made so many adjournments and neglected to file anything on time ,he actually handed the Judge and myself the documents that should have been filed and served days before in the court room ! Also his lying about why he missed the date for the 2nd cc ,(which I had an email from him personally confirming it did )not go un noticed .I will defiantly fax the next offer to settle but I am a bit confused as to whether it is to be included with the brief that I will file with the court ,I had thought that it was not something the Judge would see until after his decision .I doubt I will be able to get any information from anyone at the courthouse about re- serving all of the pleadings ,evidence and case law it seems that no one actually knows what to do .Duty council admitted that she herself had no idea about any trial related issues and the one duty council who perhaps could answer questions won't be in until Oct 31 after some things are required to be filed .The Judge had initially thought we would have to wait until the May sitting for a trial but unexpectedly told us they where going to squeeze us in for November .I have to wonder if he actually has read some of my submissions and realizes the urgency .There are not children or property involved so it basically is about support and another undisclosed RRSP .My Ex defaulted on almost all the provisions of the original order leaving me no choice but to return so again as the previous poster suggested I hope I will not be accountable for costs ,all the delays are a result of my ex changing council and his new councils lack of following the rules .Besides that I'm not sure how anyone can justify costs to a sick woman who only has an income of 14,000$ a year forced to litigate against an ex making in excess of 100,000$! It just does not say justice at all to me . Thank you for your constructive and kind help ,I thought these forums where a place for support but it would appear some people can only provide negative comments and sarcasm .I actually have faith in the decency of some people and although my lack of education lend to my thoughts appearing scattered I will be presenting most of my case orally as the wise Justice suggested .I can't possibly come out of this any worse off than I already am and frankly there is no time left now to do anything and no money so I guess I will just avoid these forums ,do my best ,and pray ...

          Comment


          • #6
            As a forum service, I will summarize Paula's post in bulllets:

            Section 1: About Paula

            1) Paula is Dyslexic
            2) Paula makes $14,000 a year
            3) Paula is sick

            Section 2: About the ex

            1) Dirtbag
            2) Makes $100,000 a year
            3) Has a lawyer who does not follow the court timelines very well

            Section 3: About lawyers and judges

            1) Even though Paula has no kids, she thinks her case might be urgent because it was set down for November instead of May
            2) Duty council doesn't know anything

            Section 4: About the forum

            1) Forum sucks because you told her to write in paragraphs and get a lawyer.
            2) She can't write paragraphs because she is dyslexic
            3) She can't get a lawyer because she makes $14,000 a year
            4) She is offended that #2 and #3 were not obvious
            5) Paula is going to ignore the forum and pray. Hopefully God takes her side.

            Section 5: Actual questions

            1) What has to be re-served in anticipation of the trial?
            2) Does the offer to settle need to be included in the brief?

            Comment


            • #7
              Janus deserves an award for the best "just the facts" reply in the internet forum world

              Comment


              • #8
                Janus, you made me smile. Very refreshing with the topics at hand

                Comment


                • #9
                  Thank you Janus
                  I will try to clarify some things for you
                  Section 2
                  3) not only does this formerly disbarred lawyer not follow timelines or rules he sent me a very inappropriate email stating my daughter said it was the opinion of the family I was doing this for pure greed !
                  I was directed by another Judge to include it in the file ,I did .
                  This email caused my child a great deal of upset as this is not true and just some garbage comment from my EX .

                  Section 3 about lawyers and Judges
                  1) I agree that all issues involving children should take priority ,but my assumption came from the fact that the file contains a letter from my Dr stating the urgency of getting this situation resolved as it has already been over a year since I returned to court and 3 years from the date of the original order that my Ex is in default of most of the provisions .
                  1)also the file contains 2police reports ,my safety in my current living situation has been compromised by my current partners Ex

                  2) I do not have the opinion that duty council know nothing ,that is both ignorant and absurd .I could not have done anything without the help of duty council ,FLIC staff and various clerks .The duty council told me herself that she did not have any knowledge about conducting a trial and had never done so .

                  4) I do not recall saying the forum sucked !
                  Divorce and court are extremely stressful I do not think it is productive to make negative comments nor comment at all if you can not understand the posters message .Kind and constructive critics' is always welcome ,little digs about someone's inadequate post serve no purpose ,and only contribute to the distress they are already feeling ,I personally feel the forums should be used to contribute in a positive way !

                  5) the actual questions have been answered

                  I still have faith that justice will prevail despite my inadequate self representation ,It could be once again a case where I am woefully wrong I did believe my Exs promises to help his sick wife and look where that got me .

                  Comment


                  • #10
                    Originally posted by Paulamichelle View Post
                    .There are not children or property involved so it basically is about support and another undisclosed RRSP .

                    Originally posted by Paulamichelle View Post
                    sent me a very inappropriate email stating my daughter said it was the opinion of the family I was doing this for pure greed !
                    1) I agree that all issues involving children should take priority
                    1. Are there children involved or are there no children involved?

                    2. what is the current custody/access arrangement? Are these in dispute?

                    3. What are you going to trial for? Custody? Access? Child Support? Property? Spousal Support?

                    4. Have you served and filed a formal offer to settle?


                    Please answer the questions in one to two SHORT sentences. Avoid ranting on and stating opinions. Stick to the facts and keep your answers short, very short. That will help you in trial as well.

                    Comment


                    • #11
                      The children are adults

                      It's about spousal support

                      I did send one offer to settle which his lawyer claims he did not receive ,it was included with other documents sent by registered mail

                      I will send another one ,which I intend on filing an affidavit of service and faxing
                      Do you have any suggestions about this process ?

                      Comment


                      • #12
                        Do you have any suggestions about this process ?
                        Come prepared and come organized.

                        It's about spousal support
                        You need to figure out what is the basis for your claim, then how to present it.

                        Is this case part of a case for divorce? If so, you want to read up on section 15.2 of the divorce act - found here: https://releve.canlii.org/en/ca/laws..._Orders__46492

                        For spousal support, you first need to show entitlement. This can be compensatory (based upon advantages he received or disadvantages you suffered), non-compensatory (based upon need) or contractual (if a contract was signed saying he would pay spousal support).

                        For non-compensatory:
                        - Look at your financial statement. All of those numbers under expenses? Get receipts.
                        - Look at your financial statement. All of those assets and debts? Get statements.
                        - Look at his financial statement. Is he lying? Does he have unnecessary or excessive expenses? What shows that he has the means to pay?

                        Consider the standard of living you both enjoyed during the marriage; your reasonable needs; and his ability to pay.

                        For compensatory:
                        - Did the family move for his career?
                        - Was your career put on hold or extinguished to support his or raise children?
                        - Was he able to pursue his career because you stayed home to care for the children (particularly if he was out of the city)?
                        - How would his career have been impacted if you did not do that?

                        People have suggested that you look to a lawyer. You may qualify for legal aid, depending on your capital assets and province. Spousal support is of middling complexity as far as family issues go. Having a lawyer should help.

                        If it does not, read the following and take notes for how they apply to your case:
                        SSAG - Spousal Support Advisory Guidelines (yes, the whole thing)
                        Miglin case - Miglin v. Miglin - SCC Cases (Lexum)
                        Moge case - Moge v. Moge - SCC Cases (Lexum)
                        Bracklow case - Bracklow v. Bracklow - SCC Cases (Lexum)

                        Yes, they are long. Reading them is investing time into your future income stream.

                        Comment


                        • #13
                          Excellent advice OrleansLaywer - we should make this a "sticky" on the forum.

                          Comment


                          • #14
                            Originally posted by Paulamichelle View Post
                            The children are adults

                            It's about spousal support

                            I did send one offer to settle which his lawyer claims he did not receive ,it was included with other documents sent by registered mail

                            I will send another one ,which I intend on filing an affidavit of service and faxing
                            Do you have any suggestions about this process ?

                            OrleansLawyer's response to your questions is excellent. I recommend you print it out and follow it step-by-step.

                            After you have done your reading perhaps then post any questions you have.

                            Comment


                            • #15
                              Dear Orleans Lawyer
                              Thank you so much for your advice ,it is by far the most helpful to date .

                              I was divorced in 2013 and established entitlement then and back in court because my ex did not meet the provisions in the order and did not disclose assets or his income .

                              I am revisiting the facts that support my entitlement though to spare his honour going back thru the original hand written mess from 2013 .Also I am touching on it because I am requesting for an increase that reflects my Ex increase in income as he resumed his career in film prior to our divorce making significantly more money and as I Understand it the nature of my entitlement will be one factor in me being allowed to share in any increase !
                              1:my ex did not follow the original order ,I did not have any legal help other than duty council ,he retained 2 lawyers prior to get advice (outside court) . He insisted that tha duty council who offered to help him in court sign the minutes as a 'Witness only' he did not want her to help .

                              2:the career he now has that he resumed in 2012 in the movie industry was one in which he had to live in Toronto to peruse for 11 years ,leaving me behind to raise 2 small children alone 1,4 years old .I did not like this arrangement at all and I also wanted to move to Toronto to peruse a more fulfilling career perhaps in film ,I included in the evidence letters from local a theatre director and opera singer with whom I worker with over several years on productions about there opinions of my work and potential .

                              3: I also have need because I'm ill ,I was an ODSP and now CPP disabilaty the transcripts from the CPP tribunal which occurred in May where included but apparently if the author is not called to witness then they could be not used . The only witness's are myself and my ex so far .

                              4: also They feel my new BF or common law spouse as he is can support me ,I maintain that his income should not be reflected because
                              A: it is not a secure relationship
                              B: his income from farming is 22,000$ average 3/yr ,this is actually excessive being he sold assets and has outstanding accounts to get to this amount ,but hey if they insist on using some it won't make much difference ,I should note though that he does have considerable assets 1mil .

                              5: Hi lawyer requested every bank ,loc,investment and credit card statement for the last 3years ,I have financial statements almost all my 1200.$ a month goes to food household maintence items and medicine .

                              6: I qualify for legal aid but would have to get the BF to sign a lein against his house for it and that won't happen.

                              7: my ex has the means and I calculated how much extra money he has per month using his budget to base my offer to settle ?? Although I think my entitlement is higher .I have incurred significant debt pretty much reflective of the shortfall in support I should have received .
                              Part of the debt 50% was money lent to the BF in 2014 which he decided I did not really need to be paid back !! He has stated that he feels I owe him this much !! although when I moved in I took on the expenses his ex had paid ,her being on the sunshine list so I felt I was doing good ! Anyhow I have yet to recover this debt although I'm sure I will .

                              7:my ex has the means to pay although he has had a significant surplus of income above expenses over the last 3 years he shows no savings ,he either 'consumed 'it or hid it ,I really don't know .just prior to our divorce in 2013 he purchased a new atv and a new truck.His budget shows 500$ per month for alcohol

                              8: the standard of living issue is a bit confusing ,we usually had a nice house a one point a new one I designed and I too the children to several cultural events as well as traveled to Europe ,Disney etc. When he lived in Toronto he shared accommodation and now has a 2 bedroom apartment alone ,his weekends are often spent at his hunting camp .
                              I currently live in my BFs farm house ,it's fine but it needs repairs and is to big for me to look after myself and I can not afford help (which I usually had) .probably the worst aspect of living here is the fact that his ex has on several occasions came into the house when I was away and went thru my things ,I called the police but unless he would charge her nothing could be done .She has alienated his kids so I attribute this to why he let her off ,I could be wrong .That said we served her a no trespass order but I still doubt this would help if he wouldn't follow thru ,this situation makes me feel very unsafe and my accommodation does not feel like a 'home' .One of the provisions in my original divorce order was that my ex would provide my with a more accurate amount of support if I choose to live alone as I anticipated needing to move out unfortunately I did not anticipate my ex would not fulfill his obligation

                              I was married for 25 years 7 months ,have 2 adult children ,was self employed working part time making 12,000$ a year est

                              Comment

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