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COSTS: EX was ordered by Court to pay 18g in Costs, if he does not, then what?

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  • #46
    Originally posted by Berner_Faith View Post
    I agree with Learner... this is where the whole... costs vs reward comes into play...

    If you are fighting to "win" expect high legal bills...if what you are fighting for is not worth the amount you are going to spend... stop padding your lawyers pockets..sometimes giving in to protect yourself is better than fighting to prove another wrong.
    I don't think you understand what high conflict people are like. My ex is demanding ENORMOUS amounts of money from me. While, yes, my lawyer's fees in the end may end up more than my ex is trying to force me to pay, the issue is that if I were to cave and give him what he wants then tomorrow he'd want more. Then more. Then more.

    I'm not fighting to "win". I take zero pleasure in any of this. I've already made greatly inflated offers to settle but he won't except them because he needs to keep the fight going. I'm fighting to protect my family and our future. No one should have to pay such an enormous bill in order to protect themselves and their family from people like my ex.

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    • #47
      Originally posted by CSAngel View Post
      I don't think you understand what high conflict people are like. My ex is demanding ENORMOUS amounts of money from me. While, yes, my lawyer's fees in the end may end up more than my ex is trying to force me to pay, the issue is that if I were to cave and give him what he wants then tomorrow he'd want more. Then more. Then more.

      I'm not fighting to "win". I take zero pleasure in any of this. I've already made greatly inflated offers to settle but he won't except them because he needs to keep the fight going. I'm fighting to protect my family and our future. No one should have to pay such an enormous bill in order to protect themselves and their family from people like my ex.
      I understand that dealing with a high conflict ex costs more than dealing with a reasonable one, however when you post a question in regards to...

      Is there any way to protect ourselves from this??
      The only true answer is to stop fighting..

      If your ex is only entitled to say $10,000, but wants $20,000, if you then go spend $10,000 on lawyer fees to fight on this, are you really any further ahead?

      Having a solid separation agreement in place that states that all equalization has been complete and no change in circumstances warrants a change in equalization will protect you.

      Somethings in life are not worth fighting over, especially if in the end, you end up suffering. No money should change hands until at least a separation agreement is completed. Caving and giving him money before having a SA in effect would cause you more headache than it is worth.

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      • #48
        Originally posted by hadenough View Post
        In my matter, the "costs order" was issued separately and after the Final Order. (By 4 months to be precise). The Costs order made stipulations with regards to when the costs were due by. Needless to say, the due date came and went and the other party had not paid any of the amount, as per the Judge's order.

        It may be that you need to wait a bit, to get the Final Costs Order. Hopefully it will state clearly that the costs are to be enforced by FRO. Otherwise, you will likely need to go the "14B motion" route.

        I had no idea there was such thing as a costs order! Thank you, this is good to know. I will wait for a while

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        • #49
          Further reading for whatever it's worth:

          Ontario Family Law Rules: Enforcement of Orders

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          • #50
            *double post*

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            • #51
              Ex was slapped with further Costs in the amt of several thousand dollars (not in Family Court). The Judge even included a clause in the endorsement (4pg) that states these costs are to be paid "forthwith" and no later than "xx/xx/xx" (date)- AND in the event that he attempts to bring ANY matter forward in the Family Court, that this costs order must be paid "prior to."

              And the band plays on...

              It's amazing. Some folks just never ever learn. I believe I've earned the right to use the word "hopeless" when it comes to my ex. I can't wait to find out which hoops I need to jump through in order to GET the money owed, this time.

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              • #52
                Sounds like you were indeed successful in court - congratulations hadenough!!!

                Garnishee of income might be in order if he doesn't pay.
                Last edited by arabian; 12-15-2012, 01:29 PM.

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                • #53
                  Thank you arabian. The kicker is: had his lawyer been even semi-competent and addressed this matter *prior to* the court date (and not AT/ON the date), these costs would not have been incurred to his client. A testament indeed to how a bad lawyer can make matters far worse and extremely costly.

                  Not surprisingly, his client (my ex) appears to be totally oblivious to his lawyer's unprofessionalism and blatant incompetence.
                  Last edited by hadenough; 12-15-2012, 02:43 PM.

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                  • #54
                    Wow that's a big f**k up on the lawyer's part. I thought lawyers were supposed to act in their client's best interests? Hard to believe these shoddy lawyers continue to practice law and actually get clients!!! Probably just another case of the client being told what he wants to hear. Ambulance chasers, such as the one my ex currently retains, are notorious for doing that.

                    Sad thing if that is your ex reported his lawyer to the bar association of your province the worst thing that would happen to the lawyer is that he would be given remedial reading.

                    I'm happy for you though that you obviously had competent legal representation. I pity the next sucker who hires the lawyer your ex used.

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