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

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Old 12-16-2010, 01:53 PM
Wiser2008 Wiser2008 is offline
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Default Costs in relation to Bad Faith

Hi I have a question about costs with relation to a trial.

My son who was 12 at the time started living with me 2 years ago as a result of my ex moving out of town against our court order. I was paying CS of $300/month as an offset of income up until that time I had forwarded post dated cheques. Problem is my ex continued to cash the cheques for 6 months. He refuses to pay back the overpayment, and we are going to trial as he is would be obligated to pay CS now. He has not paid for extra curricular expenses as well even after saying he would. Including not using his benefits for orthodontics and I have had to pay out of pocket. He has taken a temporary layoff from work now and has not provided me with any of his financials including income tax returns or a financial statement, even upon request from my lawyer. He denied having benefits at the case conferences but has now provided the info but it cannot be reimbursed because its been over 1 year. He has liquidated assets (2 houses). He filed a motion to change CS a year and a half ago and has now moved in with his mother . His income was $50,000 per year for the past 10 years. Our trial is scheduled for Feb 2010 I have been very reasonable and offered to settle with repayment of funds and guideline CS and use of the benefits.
I'm running out of money and I'm afraid that after paying legal bills which are now at $15,000+ I will be no further ahead even though he started this motion which I have been forced to defend.

I have found info which defines Bad faith in section 24(8) of the family law rules.

"Bad faith" If a party has acted in bad faith, the court shall decide costs on a full recovery basis and shall order the other party to pay them immediately"

My lawyer feels very confident about the case however I'm feeling the pinch financially I have been told by people that bad faith has to be carried out with intent to inflict financial or emotional harm on the other party. Any opinions regarding if this is Bad Faith? Would be appreciated! I'm certainly stressed and frustrated.
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