Some questions regarding motion preparation.
My ex and her lawyer say a lot of negative crap, but ultimately they want retro SS/CS for 6 years of about 30K. Using actual incomes, I've overpaid by 12K to 30K, depending on if you use SSAG or our verbal/email SS agreement. There is no signed SS agreement - I've just paid what was agreed to via email with her and her lawyer 6 years ago (she's on her fourth lawyer not much to show for it). We have a CS agreement that states update July 1 every year based on previous year NOA. They want that tossed because it was not witnessed.
They also want me to pay current SS/CS based on a guess of her income this year (which is a low unsubstantiated number, though she has been off work a bit with a bad back), and my last three years of income. If you use her last 3 year average, I pay about 1/3 of what they want. If you use my income to date this year, I pay about 1/3 of what they want. They are cherry picking which incomes to use.
They filed a motion with affidavit, factum, and book of authorities. I replied, they replied. Their final reply also came with a filed offer to settle, and Form 25 Order prefilled with their unjustified (IMHO) request.
I think the motion is too complex, and that it is clear that following our CS/SS agreements appears reasonable and if they want to fight it out, it should go to trial and the motion be dismissed (I have paid CS/SS every month for 6 years on time and following our agreements - offset CS using NOAs).
I've just realized that given what is in my ex's affidavits, and how different they are from mine (I believe I live in the real world firmly), the only way we can settle is by a judge making it so. One of us needs a reality check - I sincerely hope the judge does a good job and doesn't pick some sort of middle ground, but decides what is just and reasonable - because the middle ground ain't that!
Anyway, here are my questions:
1. Should I file an offer to settle? I made an offer via email before, but have revoked them all. In my mind everything is settled! There is nothing to do but get divorced. All assets are split and we have a simple SA that dictates guideline CS. And we agreed in email that I would pay diminishing SS for 7 years (one year to go).
2. Can/should I refer to their book of authorities - I image I would refer to a lot of the same authorities.
3. What is normal time line for retro (how many years and under what circumstances)? Retro CS? Retro SS? She first filed a court application about 2 years ago, and we've just had a one case conference since then. In my world, she owes me retro, but I don't want it, what's done is done - except perhaps the threat of owing me retro to keep her out of court (after I win this motion!)
4. Should I fill in a Form 25 order for what I think is reasonable?
5. My affidavit exhibit calculations reference mysupportcalculator.ca and my ex's lawyer use divorcemate printouts - no difference that I can see. Any disadvantage that I don't have divorcemate printouts (or mysupportcalculator.ca for that matter - I didn't include the printouts, just used the numbers)?
My ex and her lawyer say a lot of negative crap, but ultimately they want retro SS/CS for 6 years of about 30K. Using actual incomes, I've overpaid by 12K to 30K, depending on if you use SSAG or our verbal/email SS agreement. There is no signed SS agreement - I've just paid what was agreed to via email with her and her lawyer 6 years ago (she's on her fourth lawyer not much to show for it). We have a CS agreement that states update July 1 every year based on previous year NOA. They want that tossed because it was not witnessed.
They also want me to pay current SS/CS based on a guess of her income this year (which is a low unsubstantiated number, though she has been off work a bit with a bad back), and my last three years of income. If you use her last 3 year average, I pay about 1/3 of what they want. If you use my income to date this year, I pay about 1/3 of what they want. They are cherry picking which incomes to use.
They filed a motion with affidavit, factum, and book of authorities. I replied, they replied. Their final reply also came with a filed offer to settle, and Form 25 Order prefilled with their unjustified (IMHO) request.
I think the motion is too complex, and that it is clear that following our CS/SS agreements appears reasonable and if they want to fight it out, it should go to trial and the motion be dismissed (I have paid CS/SS every month for 6 years on time and following our agreements - offset CS using NOAs).
I've just realized that given what is in my ex's affidavits, and how different they are from mine (I believe I live in the real world firmly), the only way we can settle is by a judge making it so. One of us needs a reality check - I sincerely hope the judge does a good job and doesn't pick some sort of middle ground, but decides what is just and reasonable - because the middle ground ain't that!
Anyway, here are my questions:
1. Should I file an offer to settle? I made an offer via email before, but have revoked them all. In my mind everything is settled! There is nothing to do but get divorced. All assets are split and we have a simple SA that dictates guideline CS. And we agreed in email that I would pay diminishing SS for 7 years (one year to go).
2. Can/should I refer to their book of authorities - I image I would refer to a lot of the same authorities.
3. What is normal time line for retro (how many years and under what circumstances)? Retro CS? Retro SS? She first filed a court application about 2 years ago, and we've just had a one case conference since then. In my world, she owes me retro, but I don't want it, what's done is done - except perhaps the threat of owing me retro to keep her out of court (after I win this motion!)
4. Should I fill in a Form 25 order for what I think is reasonable?
5. My affidavit exhibit calculations reference mysupportcalculator.ca and my ex's lawyer use divorcemate printouts - no difference that I can see. Any disadvantage that I don't have divorcemate printouts (or mysupportcalculator.ca for that matter - I didn't include the printouts, just used the numbers)?
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