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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 05-22-2019, 10:17 AM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Default Trial and Child Support

Has anyone gone to trial for child support only? Other party just doesn't want to increase support even though settlement conference judge, duty counsel, mediator say otherwise. We both work and get T4's from employers. Pretty cut and dry. What was your experience? I feel it's such a waste of time.
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Old 05-22-2019, 11:15 AM
rockscan rockscan is offline
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I think there have been but they also probably had a custody issue that was bigger. You may be better off searching canlii.

The bigger question is, if the other party is being unreasonable, have you made an offer to settle? If you are headed for trial and they are unreasonable and lose, the offer will help you with costs.

Out of curiosity, if the judge et al told them what was what, what are they arguing that they are willing to go to trial over support? You donít hear many cases of support only.
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Old 05-22-2019, 12:50 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
Originally Posted by rockscan View Post
I think there have been but they also probably had a custody issue that was bigger. You may be better off searching canlii.

The bigger question is, if the other party is being unreasonable, have you made an offer to settle? If you are headed for trial and they are unreasonable and lose, the offer will help you with costs.

Out of curiosity, if the judge et al told them what was what, what are they arguing that they are willing to go to trial over support? You donít hear many cases of support only.
I have made 2 offers to settle. Other party didn't like either. Both I imputed myself more than $20k just to make the litigation end. The amount imputed was the exact amount that the other party wanted me imputed to and was also in their offer to settle, so in essence I agreed to that amount hoping things would end there. Other party didn't like either of my offers. Now says I should be making at least $50k more. Everybody disagrees and told them that. Other party says they are 100% sure a trial judge will impute me. Other party is a narcissistic control freak.
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Old 05-22-2019, 12:57 PM
rockscan rockscan is offline
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So you pay cs or you have 50/50 offset?
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Old 05-22-2019, 02:30 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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Quote:
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So you pay cs or you have 50/50 offset?
50/50 offset
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Old 05-22-2019, 02:51 PM
rockscan rockscan is offline
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So the difference in monthly support at the imputed income they want is how much per month?
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Old 05-22-2019, 05:12 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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So the difference in monthly support at the imputed income they want is how much per month?

$325 difference
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Old 05-22-2019, 06:53 PM
Mom 2 Two Mom 2 Two is offline
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Motion for a Summary Judgement. My lawyer keeps telling me itís easier to meet the threshold now. Your lawyer just needs to argue itís not a triable issue.




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Old 05-22-2019, 07:50 PM
AlmostThere_Hopefully AlmostThere_Hopefully is offline
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[QUOTE=Mom 2 Two;235750]Motion for a Summary Judgement. My lawyer keeps telling me itís easier to meet the threshold now. Your lawyer just needs to argue itís not a triable issue.

Pardon my ignorance but what is a Summary Judgement?
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Old 05-22-2019, 09:54 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by AlmostThere_Hopefully View Post
I have made 2 offers to settle. Other party didn't like either. Both I imputed myself more than $20k just to make the litigation end. The amount imputed was the exact amount that the other party wanted me imputed to and was also in their offer to settle, so in essence I agreed to that amount hoping things would end there. Other party didn't like either of my offers. Now says I should be making at least $50k more. Everybody disagrees and told them that. Other party says they are 100% sure a trial judge will impute me. Other party is a narcissistic control freak.
Why are you only imputing $20k annual income on yourself? Do you have a valid reason to not be earning a minimum wage living at the very least?

Why does the other party say you should be making $50k more? Did you used to work at a job where you earned this much? What sort of education do you have? If you do/did have the capacity to earn this much, why arenít you anymore?

If the other party made an offer to settle based on an imputed income of $20k on you, why did you not accept it? What was different about your counter offer that caused the other party to turn it down?

A summary judgement is basically motioning for the judge to make a final order on any outstanding issues to avoid trial. You can only be granted a summary judgement if it is a VERY obvious decision, and the other party is wasting the courtís time by taking it to trial.

Based on what you are saying, you donít have a good case for a summary judgement, and the other party may be right in refusing your offer to settle. Unless you have a very good reason to not be earning the income you are capable of, I would start thinking about making a more reasonable offer than imputing only $20k upon yourself
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