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Financial Issues This forum is for discussing any of the financial issues involved in your divorce. |
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#21
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Tayken,
All that you've mentioned... Financial advisors, taking action to correct situations, etc... all cost money! Utlimately it's the judges decision. In my case I've got concrete proof that I paid for, I've hired lawyers that have cost me dearly and put me in the poor house yet I'm still where I was a year ago. The ex has not spent a penny on Financial advisors or lawyers and he's still holding all the money, hasn't had to pay a cent towards SS (which I'm entitled to), took away all 3 cars puting me in a desperate position, is in possession of the matrimonial house which is paid off while I'm in a rental... There are 8 police incident reports against him due to abuse (not physcial), he was asked to leave the house twice, he's been ordered to stay away from me.... yet we're still in court and the judge has yet to make a decision to even allow me half of what's in the accounts. I've proved financial hardship yet the judges refuse to make an order. What gives? We're now going to settlement conference in January. I've had to learn the Family Law Rules because I cannot afford a lawyer anymore. We are both under orders to provide a fair settlement offer, give our last paystub to each other on Jan. 9th. I've provided him with a fair offer all ready. I've discovered that he's asked his company to give him time off without pay and has been home for 3 weeks now. All in an effort to show a lower income. So no, I disagree with you - there is NO justice in our courts. Tell me what I've not done to try and resolve this and end it fairly? I have no more money for legal help. He cheated with several other women including a woman who was a friend of mine for 20 years! I |
#22
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#23
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I've been feeling hopeless going on with a divorce for 5 years. If I include marriage, 20. I've been trying to get a job. It is not easy! Life is so complicated. Not too worry. You obviously sound like a responsible person. It sounds like you need to get your Financial Statement updated. Good-luck. |
#24
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Have I felt hopeless, of course I have.
My ex feigned illness when it came to the agreed upon time to go back to work (I believed her then), so I paid every bill, mortgage everything. She inherited money and half a house, which were of course exempt. She hid the money she inherited, did not use it to pay down debt or invest in RESPs for the kids. And now half my net goes to her. She now has a job (thank you God), gets all the tax credits. I think in the end she has more income than I do when all is taken into account. Yet she tells the kids she is poor and I am fine. I am living in a basement apartment. But other than a car loan, I have no debts. I still have a small RRSP. She has the equivalent in cash. I do have big vehicle expenses since I have a long commute. But no mortgage payments to make, no big bills to pay. I have to accept a lower standard of living. But I've done that. |
#25
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I just wnat my kids expenses taken care of.
I receive 400 bucks garnished then I get a check for 600 or so. So about a thousand bucks. My ex has moved away, job promo, married, travels extensively, has 500G house 3 cars (one is a BMW), and a $10,000 motorcycle. Let not get into the wedding or the engagement ring. He makes over 150 a yr. This money i receive is supposed to pay for everything! including housing food child expenses , benefits, all the regular stuff thats kids need. but also a semi private school of 3600 per yr, Activities including violin and swim, and before and after school care. I had case conference Since I have been chasing for this to be updated and paid. In the case conference the judge focused on my expenses and not on my ex's fraudulent ones such as his moving and travel costs. The company pays for these and they aren't out of pocket. ( I know how he works) The judge looked at my expenses sees that I have moved in w my family for their support, and starts grilling me! He refused to believe I am covering my sons costs on my own, regardless of he receipts and credit card/bank statements. He accused me of being paid cash by my family and that they are the ones covering the costs. And since this year I have paid them for before and after school of 160. With a receipt, that they really aren't taking the money. Believe it or not, what was the excuse for the precocious years? I budget and pinch an go without a damn winter coat, have ginch about 5 yrs old and I don't cover my sons costs? How did it turn on me? My only suggestion is to take some budgeting classes and financial skills building. That's been my only saving grace. I have nothing owing outside my credit line and that's being paid off so I can purchase a home. Budget and save and think of priorities. This whole system sucks and it isn't fair in many ways. But I left without asking for anything except my sons things. Does it matter that my ex was supportive of semi private school until the bill? Certainly was a great idea when we weren't in he best neighborhood with the crack apt next door. And activities since I don't have a classical piano background like my ex what other reason would my son be in music? I pushed it? Or how about French? I'm not even French! Yet I get stuck with these bills! Anyway, I don't think I will ever have this really dealt with or even paid. I have trial April and I really feel that he will turn it around on me. As already seen. It's been very stressful and I don't see any hope until my son is 18 yrs old. Maybe sooner If he is able to pipe up on his own. Ten more yrs. and counting. It's a jail sentence. |
#26
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I thought I had it bad. And yes, there is a God. My ex tried to kill me and he took my dog for a year. He sent me an email telling me that he had to put my dog to sleep. My lawyer is draining me and I have no money.
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#27
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There are a number of free resources for which one can leverage in the community at large for financial advice. If you have a bank account, you can meet with your account manager for free to discus your financial situation. The vast majority of these account managers are certified financial advisors. This advice is incorperated into your monthly banking transaction fees. Quote:
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2. Remedy request should be the immediate sale and division of the matrimonial home. 3. Remedy request for temporary SS and provide the clear, cogent and relevant evidence that demonstrates your entitlement to SS. 4. Division of the matrimonial property (including the cars). Quote:
1. Did a criminal charge get laid for any of the 8 times for which you requested the "assistance of the police". 2. Who made the "order" to stay away from you. 3. Why are you no longer residing in the matrimonial home which you have every right to do until such time a court orders otherwise? 4. Incident reports are "incident reports". They are not criminal convictions. They are a "peace officers" report to an incident. They are not "against" any party to the incident. They are at best a report provided by a "peace officer" on an event to which they were called to. In fact, when there are 8 incident reports and no criminal charges... It doesn't bold well in Family Court generally to the person who called the police 8 times. Quote:
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You clearly feel you are being treated unfairly. Quote:
I do not recommend flying into court with this argument and that he is doing it for financial gain. Furthermore, how you present the evidence may appear to a justice you are attempting to demonstrate that the other party acting in a fraudulent manner. Quote:
2. Contact duety counsel at the court house for assistance in your matter. (Free) 3. Read up and educate yourself. (Free) 4. Purchase the book "Tug of War" for 28.50 at any chapters, read it (free) and read it again... Quote:
You are going to the Superior Court of Justice and not the "Moral Court of Justice". Good Luck! Tayken |
#28
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Another good search is for "undue hardship" and "child support" on CanLII. I trust that you are an able bodied person, are able to use a search engines on the internet as you are able to post to this forum. CanLII Google produces: http://pswlaw.ca/2009/12/a-brief-not...ndue-hardship/ http://www.familylawcentre.com/05cas...hardships.html From this very site: http://www.ottawadivorce.com/pay_less_child_support.htm Good Luck! Tayken Last edited by Tayken; 11-22-2012 at 10:55 AM. |
#29
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But it actually goes a little further to try ensure that the standard of living of the child is maintained post divorce....which I think is a little rediculous because everyones lives have changed, so everyones standard of living has changed...... As for your specific expenses, some of those would be section 7 expenses, and not covered under child support (unless you were receiving substantial amounts of c/s). Swimming, unless it is like $200 a month, is unlikely s7. The private school is $3600 a year, so approximately $300 a month. Assuming you make some money (I'll say $50k to make the math easy), his proportional share would be $225 and yours would be $75 per month....that is before any tax credits you may receive in relation to the schooling which may reduce the actual cost of the school. If you are having issues paying for all these extra activities like violin or piano or french etc., maybe it is time to look into the need for these activities and if they can be stopped. |
#30
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What I don't understand (for Tayken and others) is how to reduce it if it is your ex causing the conflict. Yes, I agree, conflict = costs.
But my ex refuses to entertain offers. My ex has skipped all negotiations and went right to a court application. I would love to work it out but he doesn't want to believing that a judge will rule in his favour about money. (We agree about access.) He likes to argue and yell and call me up to lie to me. I can ignore the emotional bs but eventually a court application must be addressed. The person who needs to know that conflict = money is the person creating the conflict. Unfortunately, at some point, a response and standing up for your own rights is needed and legal representation is the best way to do that for some. |
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