My apologies for those of you who have been in this for longer than three years.
I want to poll the room...
Many of you know my husband’s story. Issue is child support and section 7. The agreement they have is crystal clear on these. Despite it and the legal jurisprudence, the ex insists she is entitled to whatever she deems is “fair” and that the kids should not pay for school.
They have been through a conference and motion, both of which saw her being told she was way (way way way) off base in what she thinks is right. The judge even went so far as to tell them this does not require a trial and the numbers speak for themselves.
My husband has made two EXTREMELY reasonable offers to settle and his lawyer has also provided a wealth of case law demonstrating where the argument is coming from. The ex was self repping but got a lawyer who agrees almost entirely with her position.
They are now headed to an SC which I highly doubt will achieve anything. I did ask his lawyer about a motion for summary judgement and he thinks it’s too high a leap. Based on what I have read on summary judgement on canlii it is pretty straightforward on the “does not require a trial” aspect. There are no witnesses to call, nothing else that can be presented. This is totally a “please order the calculation” situation for a judge. The judge at their motion even said that the SC judge will help them with the two issues—kids portion and what is eligible s7.
Based on all this, do you think a summary judgement motion should be done? My husband wants this stupidity to end but doesn’t think writing a cheque for $50,000 is right (right now the calculations show he owes less than $3,000).
I want to poll the room...
Many of you know my husband’s story. Issue is child support and section 7. The agreement they have is crystal clear on these. Despite it and the legal jurisprudence, the ex insists she is entitled to whatever she deems is “fair” and that the kids should not pay for school.
They have been through a conference and motion, both of which saw her being told she was way (way way way) off base in what she thinks is right. The judge even went so far as to tell them this does not require a trial and the numbers speak for themselves.
My husband has made two EXTREMELY reasonable offers to settle and his lawyer has also provided a wealth of case law demonstrating where the argument is coming from. The ex was self repping but got a lawyer who agrees almost entirely with her position.
They are now headed to an SC which I highly doubt will achieve anything. I did ask his lawyer about a motion for summary judgement and he thinks it’s too high a leap. Based on what I have read on summary judgement on canlii it is pretty straightforward on the “does not require a trial” aspect. There are no witnesses to call, nothing else that can be presented. This is totally a “please order the calculation” situation for a judge. The judge at their motion even said that the SC judge will help them with the two issues—kids portion and what is eligible s7.
Based on all this, do you think a summary judgement motion should be done? My husband wants this stupidity to end but doesn’t think writing a cheque for $50,000 is right (right now the calculations show he owes less than $3,000).
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