Hello all,
Just to recap, My spouse announced her unilateral separation on august 12th, 2005 via email, in the email she informed me that she was leaving, already moved away to her parents home (6 hours away), emptied the house of it’s contents(we had a lot of stuff, mostly new and top of the line, declared bankruptcy, quit her job, and was keeping our son with her.
We were married for 6 years and our son was 6 years old. I was a stay at home father who had just rejoined the workforce (tradesman) and she was a professional career woman. (Her income was 3 times that of mine)
I petitioned the court for joint shared 50/50 week on/off custody and to have him reside in our home town.
The court awarded 50/50 joint shared custody, and a restriction on her moving my son out of the area. She was given 30 days to return, and so returned on the 30th day. In the judges notes he stated that there was no need for any of this, that it was exclusively her selfishness that she was acting on.
4 months passed from our separation date before joint shared custody began, that was 4 months of living hell for me only being allowed to see my son 4 times in that period.
Upon returning to the area, she enrolled our son in a different school that the one he had previously attended, approximately a 40min. return trip for me each day as no bus service is available for that school in my area.
I have tried to have the court order that he is to be returned to his old school, however her lawyer has utilized several stalling tactics so that the issue is still not resolved.
I successfully got the office of the children’s lawyers involved and they successfully reinforced my claim for joint shared custody. (Did not want any more as that would have done to my son exactly what she had already done {PAS})
We are still operating under our initial interim custody order, but are close to finalizing custody.
May long weekend, she moved into her new house, yes she bought a house with her boyfriend, it was his parents house.
The other day she called me and wanted to know my price. What did I want to finalize a divorce? Like I was just supposed to pull a number out of the air. I told her I would put together a list of things I want for the whole process, custody / separation / divorce.
I should also note that I have been struggling to survive, borrowing whatever I can just to have things in the house (recently resorted to dumpster diving for stuff, legal fees are mounting and I have virtually no way to pay them, the bankruptcy trustee is expecting to get a portion of the equity out of the house that is far beyond my reach. It seems that I am only able to pay the basic bills and buy food (sales only, cannot afford that real Kraft Dinner)
So what do I want?
Custody is basically laid out, unless anyone can give me some extra content for the custody agreement that I should consider including. (Always open for suggestions)
The court has said child support is to be awarded based on the shared custody provisions of the child support guidelines, however it has not been calculated/finalized/paid as they are stalling on this issue as well.
I did manage to get my first cheque for the child tax credit as we are now on the 6 month rotational program for that.
My Lawyer has informed me that because of our both having large student debts, both our net family property values are negative and therefore considered to be zero which supposedly means she will not have to pay me for my half of our belongings which she has already sold most of.
What else can I do? I would appreciate any suggestions from anyone as to what else I should be looking at.
I am desperate for a resolution to this hell I am currently in.
Please help!
Thank you
Duped
Just to recap, My spouse announced her unilateral separation on august 12th, 2005 via email, in the email she informed me that she was leaving, already moved away to her parents home (6 hours away), emptied the house of it’s contents(we had a lot of stuff, mostly new and top of the line, declared bankruptcy, quit her job, and was keeping our son with her.
We were married for 6 years and our son was 6 years old. I was a stay at home father who had just rejoined the workforce (tradesman) and she was a professional career woman. (Her income was 3 times that of mine)
I petitioned the court for joint shared 50/50 week on/off custody and to have him reside in our home town.
The court awarded 50/50 joint shared custody, and a restriction on her moving my son out of the area. She was given 30 days to return, and so returned on the 30th day. In the judges notes he stated that there was no need for any of this, that it was exclusively her selfishness that she was acting on.
4 months passed from our separation date before joint shared custody began, that was 4 months of living hell for me only being allowed to see my son 4 times in that period.
Upon returning to the area, she enrolled our son in a different school that the one he had previously attended, approximately a 40min. return trip for me each day as no bus service is available for that school in my area.
I have tried to have the court order that he is to be returned to his old school, however her lawyer has utilized several stalling tactics so that the issue is still not resolved.
I successfully got the office of the children’s lawyers involved and they successfully reinforced my claim for joint shared custody. (Did not want any more as that would have done to my son exactly what she had already done {PAS})
We are still operating under our initial interim custody order, but are close to finalizing custody.
May long weekend, she moved into her new house, yes she bought a house with her boyfriend, it was his parents house.
The other day she called me and wanted to know my price. What did I want to finalize a divorce? Like I was just supposed to pull a number out of the air. I told her I would put together a list of things I want for the whole process, custody / separation / divorce.
I should also note that I have been struggling to survive, borrowing whatever I can just to have things in the house (recently resorted to dumpster diving for stuff, legal fees are mounting and I have virtually no way to pay them, the bankruptcy trustee is expecting to get a portion of the equity out of the house that is far beyond my reach. It seems that I am only able to pay the basic bills and buy food (sales only, cannot afford that real Kraft Dinner)
So what do I want?
Custody is basically laid out, unless anyone can give me some extra content for the custody agreement that I should consider including. (Always open for suggestions)
The court has said child support is to be awarded based on the shared custody provisions of the child support guidelines, however it has not been calculated/finalized/paid as they are stalling on this issue as well.
I did manage to get my first cheque for the child tax credit as we are now on the 6 month rotational program for that.
My Lawyer has informed me that because of our both having large student debts, both our net family property values are negative and therefore considered to be zero which supposedly means she will not have to pay me for my half of our belongings which she has already sold most of.
What else can I do? I would appreciate any suggestions from anyone as to what else I should be looking at.
I am desperate for a resolution to this hell I am currently in.
Please help!
Thank you
Duped
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