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  • medically incapacitated

    Hello everyone. new member here, please be patient with my typing as I'm having difficulties

    I'm not sure this is in the proper category.

    I need to file a motion to change support for medical reasons and I'm trying to find assistance through an organization or an individual. My income last year is to high to to qualify for legal aid and since my LTD began in December my income has dropped quite substantually. I've tried to ask my ex for help and she is unwilling.
    Is there anyone that can help me with this? I don't have money and I understand from a business aspect the work involved but I am out of options. I am even trying to sell off what I can and raise money via a Gofundme campaign. I can post the link if its allowed

  • #2
    This sounds like a scam. If you're able to fill out profiles and make a post here, plus at gofundme, explaining your case then why couldn't you do the same at court. You can easily do it yourself without help as it's completely straight forward.

    You're making a large portion of your salary, tax free, with nothing be free time on your hands. Download your MTC forms, tell your story once more, show your proof, and get to trial asap.

    Comment


    • #3
      Originally posted by Sick_Dad View Post
      I need to file a motion to change support for medical reasons
      Are you looking to change child support or spousal support?

      Do you pay support or do you receive support right now?

      Were you disabled when you first signed your separation agreement?

      I am even trying to sell off what I can and raise money via a Gofundme campaign. I can post the link if its allowed
      You cannot possibly fund a lawyer through a gofundme campaign. You may have to self rep.

      Comment


      • #4
        Originally posted by StillPaying View Post
        This sounds like a scam. If you're able to fill out profiles and make a post here, plus at gofundme, explaining your case then why couldn't you do the same at court. You can easily do it yourself without help as it's completely straight forward.
        Filling out legal forms is not even remotely identical to filling out a forum registration form.

        That's like telling somebody that they know how to read Green Eggs and Ham and therefore should have no trouble reading and understanding a legal contract.

        I'm a relatively intelligent individual, and I still paid for a lawyer to help me out. I didn't need a lawyer though to help me register for this forum, go figure.

        You're making a large portion of your salary, tax free, with nothing be free time on your hands.
        When you are disabled, small issues seem insurmountable. You don't spend your day sipping pina coladas. You spend your day looking at that mountain and wondering if you can climb it today, and despairing that you will fail just like you did yesterday.

        Download your MTC forms, tell your story once more, show your proof, and get to trial asap.
        I'll agree with you there. He will ask questions on the forum, and we will help him out.

        Comment


        • #5
          I assure you this isn't fake, I'm withholding some details for privacy and should someone want to step forward and help i'll be glad to show my doctors chart and such.

          I'm am aware of how to file a motion but lets be honest, there is some leg work to be done and due to this severe vestibular disorder and neurological issue simply typing is difficult let alone filing paperwork. I don't feel comfortable driving lately and I'm one step away from parking my ass in a wheel chair. I've been suffering this for 7 months and only now I'm asking for help this way.

          I understand the skepticism, and this profile is new because i couldn't log into my other one, quaker_oats but i have no problem being transparent and telling you who I am if need be

          Comment


          • #6
            Originally posted by Janus View Post
            Filling out legal forms is not even remotely identical to filling out a forum registration form.
            In sick dad's case, it is though. The forms and court really just work off of common sense. He is only looking to reduce his income/support, based on new disability income. The same way he explained his story here, he would do the same on the forms and at court.

            That's like telling somebody that they know how to read Green Eggs and Ham and therefore should have no trouble reading and understanding a legal contract.

            I'm a relatively intelligent individual, and I still paid for a lawyer to help me out. I didn't need a lawyer though to help me register for this forum, go figure.
            I'm sure you were dealing with custody, access, income, property, etc. Sick dad may need a lawyer if he was dealing with that too.


            When you are disabled, small issues seem insurmountable. You don't spend your day sipping pina coladas. You spend your day looking at that mountain and wondering if you can climb it today, and despairing that you will fail just like you did yesterday.
            Preach some more grasshopper. I've been through the whole process twice, self repped and "medically incapacitated" on LTD for 12 years. While I was dealing with everything, I had to research more in my free time. SD is only dealing with a mtc for his new income. It's a lot easier to self rep on LTD then with a job.

            I'll agree with you there. He will ask questions on the forum, and we will help him out.
            With Google, CanLii and this forum, anything's possible.

            Comment


            • #7
              Originally posted by Janus View Post
              Are you looking to change child support or spousal support?

              Do you pay support or do you receive support right now?

              Were you disabled when you first signed your separation agreement?

              I'm the payor, income dropped by 35k going onto LTD so i need to see if the judge can adjust for medical reasons. I'm not trying to get out of paying for my kids, just a more reasonable amount under the circumstances

              You cannot possibly fund a lawyer through a gofundme campaign. You may have to self rep.
              I have spoken to a few and hoping this amount that would cover the retainer may cover all or most of the fees to file a motion.

              Comment


              • #8
                Janus, actually I was off work when I signed the agreement. I mentioned to the judge during the settlement conference about my ailment and to be honest he just dismissed it.

                Comment


                • #9
                  Originally posted by Sick_Dad View Post
                  I assure you this isn't fake, I'm withholding some details for privacy and should someone want to step forward and help i'll be glad to show my doctors chart and such.
                  You're on LTD. There's no question you have issues.

                  I'm am aware of how to file a motion but lets be honest, there is some leg work to be done and due to this severe vestibular disorder and neurological issue simply typing is difficult let alone filing paperwork. I don't feel comfortable driving lately and I'm one step away from parking my ass in a wheel chair. I've been suffering this for 7 months and only now I'm asking for help this way.
                  It's ok to ask for help, or take a taxi. You can type out the forms too. I've done it for years in a wheelchair; I'm sure you'll be ok too.

                  I understand the skepticism, and this profile is new because i couldn't log into my other one, quaker_oats but i have no problem being transparent and telling you who I am if need be
                  You seem to know what to do and you can research, go to flic, or ask questions here. Download the MTC forms, type out your issues and order sought, serve it and file it. Which part do you need help with.

                  Comment


                  • #10
                    Originally posted by Sick_Dad View Post
                    Janus, actually I was off work when I signed the agreement. I mentioned to the judge during the settlement conference about my ailment and to be honest he just dismissed it.
                    If you came to an agreement while you were already on disability, you need to speak to a lawyer. Also, remembered that your LTD amount will be grossed up for support purposes. With that in mind, how much support do you believe you're overpaying?

                    Comment


                    • #11
                      So last year you were trying to reduce your child support and get 50/50 while working nights to reduce support. Now you are on LTD and absolutely need to reduce support. You signed an agreement on consent and had some sudden onset of problems? Your ex does not agree with this?

                      Comment


                      • #12
                        Originally posted by StillPaying View Post
                        If you came to an agreement while you were already on disability, you need to speak to a lawyer. Also, remembered that your LTD amount will be grossed up for support purposes. With that in mind, how much support do you believe you're overpaying?

                        My payments were based off my income while working, approx 94k. now im on LTD that has dropped to 54k

                        Comment


                        • #13
                          You should hire a lawyer if you need help. 94k is way over the legal aid limit and the 65-75k that you make now (with a lot less expenses) is way over the limit for asking other struggling parents for financial handouts IMO. If you're not on CPP now, your LTD will force you to apply soon, and that'll be extra income.... plus all the other disability benefits you receive. Physically/mentally you may be struggling, but not financially and court offers lots of help for anyone in need.

                          Comment


                          • #14
                            Originally posted by StillPaying View Post
                            You should hire a lawyer if you need help. 94k is way over the legal aid limit and the 65-75k that you make now (with a lot less expenses) is way over the limit for asking other struggling parents for financial handouts IMO. If you're not on CPP now, your LTD will force you to apply soon, and that'll be extra income.... plus all the other disability benefits you receive. Physically/mentally you may be struggling, but not financially and court offers lots of help for anyone in need.
                            based off what I've received my first few checks ill gross approx 54-56k, and that is only limited for 2 years. what I'm trying to accomplish is to find a lawyer or and individual that can help me. i need to focus on my health and when that returns and back to work I can take care of fees or cost involved if need be. I hate the fact i started that gofundme account because i hate asking people for help, let alone the judgements that comes with it.

                            Comment


                            • #15
                              If you were already injured and on LTD when you signed the agreement why did you sign? You were adamant you reduce cs already and looking at ways to do so and then got hurt? You shouldnt have signed. You ex may now argue intentional underemployment and it will cost you more.

                              At this point you need to simply file a motion to change and hope for a judge willing to listen. If you hire a lawyer you will just end up in a situation where you are spending more money than support. Next year when you update, the amounts will go down.

                              Comment

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