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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 07-11-2015, 01:28 AM
JCL JCL is offline
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Default Child Support Resolution Program

Wondering if anybody has any experience with this program? My order has been improperly written by my lawyer and is not enforceable by MEP, and my lawyer is refusing to file an application to vary it without charging me a huge lawyer fee, as she feels that it will likely end up in Special Chambers. I was advised by the Family Law Information Center to try the Child Support Resolution Program, where both parties submit 3 years of tax returns, 3 recent pay stubs, a copy of the current order, and our MEP statement of account with neither party requiring a lawyer to do so. The Child Support Resolution Officer (a lawyer) tries to mediate and come to some sort of resolution. If not successful, or if one party fails to show up, this is noted in the court file and then the matter can proceed to court. Any ideas or thoughts?
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Old 07-11-2015, 09:59 AM
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If you retained a lawyer and the Order written isn't enforceable (and lawyer will not remedy the situation) I'd consider suing the law firm. I think this might fast-track things. The law firm either settles out of court or you get a judgement which is paid by law firm's insurance.

I'd rattle some cages.

I don't understand why a lawyer would quote you a large retainer to go to Special Chambers as there is nothing extraordinary about it. The "large retainer" is likely lawyer-speak that they don't want to take your case.

F**k the "Child Support Resolution Officer" - you have an Order which is not worth the paper it's written on - that is the problem. Your ex will never NEGOTIATE, particularly once he knows of the mistake. He's likely laughing at the whole thing right now.
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Old 07-11-2015, 12:58 PM
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I agree pursue the lawyer they have an obligation to do things properly and if not that is what they have insurance for
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Old 07-11-2015, 01:06 PM
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I wonder if anyone has any advice on retaining a lawyer to pursue legal action against another lawyer. Has anyone on here any experience with this?

I came across this for Alberta: http://lawsociety.ab.ca/docs/default...4.pdf?sfvrsn=2

Last edited by arabian; 07-11-2015 at 01:09 PM.
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Old 07-11-2015, 02:31 PM
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Quote:
My order has been improperly written by my lawyer and is not enforceable by MEP
I would say you should give more details.... Child Support is the right of the child you can't possibly screw it up it would be against public order. You can pretty much go stand in front of a judge and he/she will practically litigate on behalf of your children.
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Old 07-11-2015, 02:40 PM
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She wrote in another thread about this Links. It is about tuition. Son is in university in the US. Ex agreed to, and paid for a period of time, his portion of education expenses, then he stopped paying saying he didn't agree with son going to university in the US. I believe the son had already attended over a year of college in US when he quit paying. She took matter to MEP and the Order is vague and therefore MEP will not enforce.

I have never heard of a judge making a child drop out or change universities unless there is a material change of circumstances. In this case there is no material change of circumstances. So now the OP is stuck paying for everything which jeopardizes the other child's situation (that child is in CDN university). I could see the father pulling this stunt PRIOR to child starting his university studies and perhaps arguing (and failing) that child should attend university in Canada, however, the kid is already part-way through his university. Child also pays a portion of tuition and expenses.

Hope I got this straight - OP - please correct me if I have erred in above.

So... I understand that the child was in university prior to the divorce judgement being done up. Lawyer did not properly word the Order from the Minutes of Settlement. Lawyer will not fix the oversight so the Order is enforceable. This is the sort of thing that we pay money to our lawyers for: ensuring wording is correct so Orders are indeed enforceable. I believe this is something covered in law school.

My ex and I were back in court a few times because of my ex's interpretation over a court Order - that was entirely different as the Order we had was enforced by MEP. In this case the poor woman can't get MEP to enforce something because of the incompetence of the lawyer who wrote up the Order. MEP is extremely specific about what is and what is not acceptable with regards to Orders in family court.

Last edited by arabian; 07-11-2015 at 03:05 PM.
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Old 07-11-2015, 11:48 PM
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Yes, Arabian is correct. Son attended for 1.5 years at US college, honors student, NCAA athlete, when father decided to quit paying. Other child attends local Canadian university, also honors student. No material change in circumstance; in fact salary continues to slowly rise, no other children, etc.

Order is written that any Section 7 expenses require the prior consent of the other, and the college tuition is NOT mentioned specifically in the order, so this tuition is then considered to be part of this clause. So even though the children have always lived with me, and thus I'm the only parent incurring Section 7 expenses, I now have to get his prior consent for him to pay his proportional amounts (which are listed in the order), which of course he is refusing to do, despite both kids being in university and father paying his pro rata share when the order was signed. Lawyer won't change it, owner of law firm won't get involved. Wondering best course of action?
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