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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 05-20-2019, 04:41 PM
Happyatlantic Happyatlantic is offline
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Default Divorce reopened after 10 years

My ex is attempting to get our divorce reopened in another province that what it was completed in ten years ago to claim spousal support from me. When we were divorced I wasn't working and I claimed and received spousal support from him when and if he wanted to give it. I tried to reduce when I went to work but was unsuccessful because he took off to another province and responded nasty to the Court.

He was represented during the divorce and now is saying he wasnt. I was honest about everything and he wasnt.

Can he reopen the divorce with lies. Will an Alberta court get the file from Nova Scotia? Will I have to go thru the divorce process to get away from his abuse.

He also gets really mean and abusive thru lawyers whenever a new partner ends a relationship with him.

Sorry for the length and hopes this makes sense and I am not ranting and rambling on.
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Old 05-20-2019, 05:24 PM
standing on the sidelines standing on the sidelines is offline
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I am a bit confused. You got SS from him when you were not working but later you wanted it reduced but was unsuccessful through the courts?
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Old 05-20-2019, 05:43 PM
tilt tilt is offline
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You will File a certified copy of the Order in your Response. That will stop his action most likely (Courts don't like jurisdiction shopping or re-opening settled matters). If he hasn’t filed an action then just ignore his bluster. If you have kids, keep communication solely to matters regarding them, if no kids, block him and refer all his legal enquirers to a lawyer - the money is worth not dealing with a bully/abuser. He has almost zero chance of getting SS ten years later, so don’t take that seriously.
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Old 05-20-2019, 05:49 PM
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arabian arabian is offline
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If your ex is serious about attempting this he will have to go through Interjurisdictional processes. This will take years. Every time he files something he has to have you served and then send it to court in other Province. Are you still receiving SS? Through FRO/MEP Alberta? If they are involved then they have to be served notice as well. You can read up on the process under your province's maintenance enforcement (MEP Alberta online).

Even if one court makes a decision it has to be sent back to the other court for approval, and so on. Files go back and forth for years. Your ex has to provide the documents to substantiate his claim. The "divorce file" per se doesn't travel back and forth - just the current legal documents (Notice of Motions, Affidavits, etc.).

Seriously, this will take a very long time. Is he planning on doing this himself or does he have legal counsel representing him?
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Old 05-20-2019, 06:12 PM
Happyatlantic Happyatlantic is offline
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My CRO said I could make $25,000 a year before affecting spousal support. As soon as I made that and with him at that time not paying I went to lower and ask for a review order as I followed the law making my way to self sufficiency. The Court said no, imputed income to him and held the same amount. MEPS were involved and they have teeth. He has always had legal counsel. I have not. Can't afford it and definitely can't afford to go to Alberta and my life family everything is in Nova Scotia.

His claim is asking for over 50% of my salary. I would have to live off of less than a person gets on welfare.

I am really scared and have to go to my EAP counsellor tomorrow. He is also found I am seeing someone. We don't live together. He is asking for his income. Meanwhile I can prove he lied on income tax.

Hope this doesn't sound like a rant or I am rambling but this guy just won't let me go and I don't want to go thru the divorce process from this guy.
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Old 05-20-2019, 06:31 PM
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arabian arabian is offline
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My ex has taken me to court for past 10 years. I moved away from Alberta and I have successfully beaten off my ex through the interjurisdictional process for several years. You don't have to go to Alberta. I have been self-represented for 4 years now and it is fine. Just many forms to fill out... (if and when the time comes). Don't get ahead of yourself. Once he starts the process it typically takes 3 - 6 months before you are served. He will go broke if he's using a lawyer for this.
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Old 05-20-2019, 06:41 PM
Happyatlantic Happyatlantic is offline
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I was served by email from his lawyer in Alberts. Is this kosher. She is asking for me to pay all legal fees in excess of $2800. I am in a consumer proposal presently. I am feeling abused and bullied when the court in Halifax said I have a valid claim.
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Old 05-20-2019, 07:03 PM
tilt tilt is offline
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You know that he can say whatever he wants, right? And so can his lawyer, she can claim legal fees from you all she wants - but he is the one legally responsible (cost awards for legal fees are YEARS down the road). It doesn’t make it true. I’m not sure about your jurisdiction but in Ontario, email is not accepted as valid service unless consented to, although it doesn’t sound like you were Served as much as just put on notice as an attempt to bully you into paying.

Good for you In going to your EAP. This really is nothing to worry about, he has no legal leg to stand on after ten years and another province. If he owes arrears he may be trying to warm you up to an “offer” where he dismisses his current claim against you in exchange for you wiping out his arrears.

Since he knows that email address you may want to open a new email account and move all your correspondence with everyone else to the new account. Then just check the old email account once a week when you are feeling strong. That will avoid you dreading every email you get in case it is *from him*. Good luck with the therapy, dealing with your understandable anxiety will help you blow off this ridiculous court case.
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Old 05-20-2019, 07:27 PM
Happyatlantic Happyatlantic is offline
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Actually the lawyer wanted me to sign the proof of service. I am not signing that. Never heard of someone serving themselves.
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Old 05-20-2019, 07:35 PM
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His lawyer sounds like a winner. I would ignore.
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