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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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  #1  
Old 04-10-2015, 07:43 PM
COURTISMYLIFE COURTISMYLIFE is offline
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We had a case conference today (self represented) and the Judge moved forward with a Motion for a Summary Judgement much to our surprise this is the case law he cited Hryniak v.Mauldin. This was a huge shock, We went into court armed with the Federal Child Support Guidelines to back us up. The issue was that the Mother was requesting retro payment for S.7 expenses for the past 5 years. She never requested payment, never provided receipts, never got permission for the special expenses and extracirricular. SA stated expenses to be shared 50/50. CCTB is not applied to any of thoses expenses nor is the 20% she receives on from claiming daycare. None of those are applied to the cost of the expenses. Mother has custody, Father has every other weekend and holidays etc...from the talk today, this appears to be coming into effect and is waiting to pass its final stages to become legislation. We have no choice now but to hire a lawyer if we are going to proceed with this....augh! so frustrating - so much time wasted!
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Old 04-10-2015, 08:39 PM
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arabian arabian is offline
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"we" - who is "we" - please clarify.
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Old 04-10-2015, 08:49 PM
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We are my husband (Respondent) and me the spouse. I did the leg work, paperwork and research
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Old 04-10-2015, 08:55 PM
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Whoa - we really need to know more about your partner's situation, if this CC judge has decided the argument is not worthy of wasting time at trial.

From a quick glance at your 3 past posts, we all know that daycare is a s7 expense, correct?
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Old 04-10-2015, 09:37 PM
COURTISMYLIFE COURTISMYLIFE is offline
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I thought this was straight forward too. Daycare is s.7 expenses. Tax credit and cctb not applied to reduce the daycare. She never told him were his daughter was going to daycare and did not provide receipts, statements or accounts for daycare. ever. Until he received the letter from her lawyer requesting $16,000 in daycare payments since 2010. This letter was received in 2014. His daughter does horseback riding that his EX enrolled the daughter in in 2012 with no discussion. Again no receipts, no statements. She literally has not provided any paperwork to him since they separated in 2010. Thats basically all the info that is being dealt with but she wants $15,000 we have figured it out to about $4,500. Dad is refusing to pay for horseback riding because he enrolled her in gymnastics. So because of the horseback riding and $15,000 she wants is moved forward with a Motion for a summary judgement. Thats the situation...
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Old 04-10-2015, 09:52 PM
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Her lawyer even said they may wait until this legislation comes into effect before they move the motion on summary judgment forward. This was the rule the judge was quoting Rules 20.04(2.1)Rules of Civil Procedures which they are waiting for to be "passed" This is way over my head so "passed" may not be the right word. They were also citing another Case Law the judge was directing her lawyer to look up Afolabi vs Fala
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Old 04-10-2015, 11:16 PM
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Very interesting stuff, judges are going to basically throw out cases pretty quickly nowadays.....

In Quebec, failure to consult often disentitles the parent to payment for s7 expenses

The retroactivity for child support is normally limited to 3 years or something unless she can prove she was unable to act.....
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Old 04-11-2015, 12:35 PM
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Did the other party motion for summary judgment or did the judge start the action?

Either way, this is exciting news. It suggests a way out of the common strategy of one party dragging heels and pushing up costs in the hope that the party who have taken a reasonable position, will walk away from it, and the interests of the children.
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Old 04-11-2015, 01:02 PM
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Quote:
Originally Posted by somethingelse View Post
Did the other party motion for summary judgment or did the judge start the action?

Either way, this is exciting news. It suggests a way out of the common strategy of one party dragging heels and pushing up costs in the hope that the party who have taken a reasonable position, will walk away from it, and the interests of the children.
I dont think it will be that broadly used it will just be used for cases like this. Money owing type situations no custody situation will be ruled on this basis unless it is to dismiss on the basis that there was no change in circumstances.
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Old 04-11-2015, 05:24 PM
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The moving party requested the motion for summary judgement. Not good news for someone who is self representing. I would never attempt proceeding with this without a lawyer. Once we receive the paperwork from the courts, we will consult and go from there. I'm thinking trying to settle is probably most cost effective way at this point...
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