Announcement

Collapse
No announcement yet.

When does "less is more" make sense?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • When does "less is more" make sense?

    Back at our CC in Feb 2011, judge issued a Temporary Order instructing me (Applicant) to file a "Motion" (briefly describing what I was asking for) & a "Affidavit" with my "backup" to support my motion (ie. daycare receipts, hockey receipt, ortho quote, etc..) which I've done.

    It then instructed ex to "Answer" and me to file my "Response" to ex's answer. Court date set for 3rd week in May.

    My case is (IMO) stupidly straightforward. We have a almost 9 yr old Sep Agreement/Divorce and I want CS adjusted to ex's current income (based on his 2010 NOA) ... he's been PAYING based on this so I don't see what the issue is as it states in the orginal agreement that each year CS goes up/down. The other thing in the original Sep. Agreement is the usual (uninsured medical/dental, extra curricular, post secondary, school fees/activities in excess of $100 & childcare/daycare if CS is working or going to school).

    When the Orthodontist last year (who the kids have been seeing since 2006 & with whom the oldest had 1st phase of treatment started in 2007) said LAST April that now was the time to put the braces on, ex suddenly decided that CS was enough and he shouldn't be req'd to pay for hockey, daycare or braces.

    Anyway ... I'm asking for: his share of braces, daycare/camp for 2-3 wks per summer for the 12 yr old, school fees/trips in excess of $100 (ie. Gr. 8 "trip" to Ottawa ... cost $350), hockey (max. $500/year), post-secondary (when/if it occurs).

    His "answer" to my Motion is over 30 pages long!!!! ... he is NOT claiming undue hardship. His income is approx. $67,000 and mine is approx. $26,000. We are both either remarried on in long-term common-law situations and he's going on and on in his "answer" how he shouldn't have to pay Section 7, let alone table amount CS because I am remarried. He's fishing for my current husbands financials which I have been told are moot UNLESS there is a claim for undue hardship. He disclosed his common-law spouses income and their family income (for 2 people) is just under $106,000/yr. My household income is close to that but less (yet we have 5 people living here).

    His "Answer" blathers on and on about how "Applicant" drives a leased vehicle, has done renovations to her home, gone on vacation, etc ...

    Is it really in my best interest to "Reply" to his "Answer" with a point by point rebuttal (ie. 30 pages long) or should I just sum it up in 1 or 2 pages that Respondent & Applicant are responsible for the children. Respondent see's children (by his choice) approx. 2-4 days per month. It is not Applicant's current spouse's obligation to support Respondents children?

  • #2
    Your application already has that couple of pages summary of those reason. Don't repeat your application in your response.

    Yes, unforturnately you should respond to what he puts in his reply. That is the point. If you don't, then judge assumes you aren't challenging his assertions.

    Never never assume the judge will "just get it". It is your job to spell everything out and respond to every point. It doesn't matter if you like it or not, if you think it is a waste of time or not. You are probably stating the obvious and the judge will end up agreeing with everything you put in there, but you still have to say it.

    Mind, the judge will love you if can respond and keep it brief. You could probably respond with one or two paragraphs for each page he wrote. Example when he goes on about your leased vehicle etc, you write "Irrelevant, CS is based on the payor's income. Payor is not claiming hardship."

    Comment


    • #3
      Thank you Mess ... that's kinda what I was hoping ... (ie. "Irrelevant, CS is based on the payor's income. Payor is not claiming hardship.") ... There is over 5 pages of how stuff like "since we separated/divorced in 2004, Mrs ___ has remarried, has gone on 5 vacations, done renovations, has a cleaning lady come to her home weekly (yes he bolded that)" etc ... and really it's all MOOT (IMO) since he states numerous times that he is NOT claiming undue hardship?!?!?.

      He truly expects my current spouse to support the boys' yet it doesn't work in reverse. His common-law spouse works for a major hospital in the GTA and has for 12-15 yrs and yet "refuses" to put the boys' on her benefits which would alleviate a good chunk of the "braces" cost ... (this according to my ex) ... and there's not a law in the books that requires her to do so which is 100% fine but then why does he feel that because "I" am remarried that MY husband should pay for stuff that a "parent" should??

      I just don't get it and I'm BEYOND frustrated (

      Comment

      Our Divorce Forums
      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
      Working...
      X