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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21  
Old 04-22-2020, 11:10 AM
Victorviola Victorviola is offline
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thanks for the positive vibes (sarcasm). so i have an ex who is very financially well off. bought and sold 5 properties in the past 3 years, drives a 100k vehicle and just recently purchased another 50k vehicle for his new wife. doesnt pay child support, lies in court documents, doesnt provide financial disclosure as required by law in over 2.5 years and you guys dont think it will favourable for me at CC. WHERE IS Justice?
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  #22  
Old 04-22-2020, 11:33 AM
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Janus Janus is offline
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Quote:
Originally Posted by Victorviola View Post
you guys dont think it will favourable for me at CC. WHERE IS Justice?
You have misunderstood slightly. The CC won't be favourable but it will not be unfavourable either. Substantial orders are rarely made at a CC. Nothing much will happen beyond orders for disclosure.

Cost orders also rarely come from a CC because there is no "winner" or "loser", so how can costs be ascertained?

I'm actually amazed that you got a court date for June 9th. I would strongly expect that you will not actually be heard on that date. The courts have to deal with urgent custody matters, and your case is neither urgent nor a custody matter.
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  #23  
Old 05-10-2020, 08:50 AM
Victorviola Victorviola is offline
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Ex stopped paying child support for last 3 months due to covid. In nov 2019 he agreed to pay CS of $500 a month, but stopped paying in march, he works IT and has not been laid off, his lawyer says he has to file his taxes for 2019 prior to app,ting for cerb, what a joke, I had a CC scheduled for early June his lawyer already appealed it, so I have 2 questions,
1. I've been fighting for a CC for over 2 years, he plays games, how do I get a cc date to stick? Delay, excuses etc.
2. Should I make an offer before CC?
I know he was making over 200k since 2013 so I would like his income imputed at that at a minimum. I have evidence supporting his income FYI.
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  #24  
Old 05-11-2020, 09:34 AM
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arabian arabian is offline
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You need to get another lawyer... one who isn't hiding behind writing letters. You know any date you arrange for a conference will be rescheduled over and over again.

(Btw people can receive CERB without having had their 2019 taxes filed. The government has extended deadline to file taxes.)

Case conference = tool to delay & increase your legal bill
Letters = tools to delay & increase your legal bill

For a start, look on this forum for advice on selecting and managing lawyer you retain.
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  #25  
Old 05-11-2020, 09:43 AM
Kinso Kinso is offline
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Quote:
Case conference = tool to delay & increase your legal bill
Letters = tools to delay & increase your legal bill
I'm going to respectfully temper Arabian on this. There are times where conferences and letters are appropriate, but they cannot be the only tool in a lawyer's belt. The absolute "conferences/letters always a waste of money" is not true.

Due to COVID-19 it's NOT business as usual with the courts or enforcement agencies. Normally a failure to pay support would be met with enforcement action by FRO (or other provincial enforcement agencies). However, these are strange times which limit what lawyers can do. Letters and conferences might be the only options while we wait for the world to resume.

However, if your lawyer cannot give you a satisfactory answer on his/strategy, it may be time to seek a second professional opinion.

This is a useful board, but keep in mind no poster on here can know the facts of your case like your lawyer does. They have not read the court file, the correspondence, etc. The devil is in the details, and knowing a few additional facts may radically change the prudent course of action.

Last edited by Kinso; 05-11-2020 at 09:45 AM.
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  #26  
Old 05-11-2020, 09:55 AM
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You do have good points Kinso.

My comments are specific to this poster: 30k has gotten her nowhere (prior to CoVid-19).

Now she has plenty of time to lawyer shop. She should have copies of all of her lawyer's letters, documents, particularly after spending that sort of money. These documents can be turned over to new lawyer who then can get up-to-speed on the time-wasting of current lawyer....

"Letters and conferences" are likely the only source of income lawyers can bill for right now is all. I wonder why the 30k lawyer hasn't filed anything yet? Or have they? I agree, we certainly don't know all of the facts.
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  #27  
Old 05-11-2020, 10:03 AM
Kinso Kinso is offline
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30k for letters alone would be insane. There is something here that doesn't smell right. OP, I think a second opinion would be a good investment, see if you can find a lawyer to review your file and give their thoughts on the strategy taken to date.

If you find a better lawyer, you may want to have the first lawyer's accounts assessed. In this process the lawyer has to justify their bills to an assessment officer of the Superior Court.
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  #28  
Old 05-11-2020, 10:06 AM
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good advice Kinso. There have been many people on this forum over the years who had successfully had their lawyer's bills assessed and received court-ordered reimbursement.

I was very fortunate over the years as I had excellent legal counsel. I received a detailed monthly bill so I always knew where I stood in-so-far as what I was billed for.
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  #29  
Old 05-11-2020, 10:09 AM
Kinso Kinso is offline
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Account assessments are a pain in the ass from the lawyer's perspective (only had to do it twice). However, the process exists for a reason and a lawyer should be able to justify their accounts.

Keep in mind the assessment process is a court action, and if the lawyer is successful you can be ordered to pay their costs for the assessment. It's not something to do recklessly, but it is an option.
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  #30  
Old 05-11-2020, 10:30 AM
Abba435 Abba435 is offline
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@ Kinso
Questions.

Can a family law practitioner make an arrangement to cancel or refund fees based on success?

If shown to be less than competent (blatant errors and false statements proven) how does one approach having fees reduced or refunded?

Do lawyers agree to charge fees only if they succeed in a cost award?
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