Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 09-15-2018, 02:18 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 919
plainNamedDad44 is on a distinguished road
Default how do you serve pictures (evidence) on opposing counsel ?

Hi community,

I have now several pics of STBX working, when she is claiming she cannot.

I want these used as evidence, so I just want to confirm the process. Can I attach them to an affidavit and serve ? Is a subsequent request to admit required ?

Thanks to all.
Reply With Quote
  #2  
Old 09-15-2018, 02:54 PM
Kinso Kinso is offline
Member
 
Join Date: Sep 2015
Posts: 74
Kinso is an unknown quantity at this point
Default

The person who took the pictures should swear an affidavit noting the date and times of each photo. The pictures will be attached as the corresponding exhibits.
Reply With Quote
  #3  
Old 09-15-2018, 10:43 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,291
arabian will become famous soon enough
Default

Be careful. you are walking a fine line of appearing to be 'stalkerish' and this may be used against you if it was you who took the photographs.

Review everything. What you want to do is simply put doubt in judge's mind about your ex's employ-ability and her stated income. I'd simply include photographs of her booth and as much information you can about the product she sells (price lists would be good). Gather some information on the web about success people have in cottage industries in general and the income that can be generated as well as costs (don't forget this or you won't be taken seriously). Perhaps you can find some published articles from people who have done well and who state how physically demanding the work can be. I included an article from the National Post about employment in my ex's industry and the judge went on to quote directly from the article in the endorsement/order. Took 5 min on website.

If you don't have evidence by way of proof of her income then everything is merely speculation... up to you to make sure you have as much scholarly or published information as you can to lead the reader (judge) to conclusion that income needs to be imputed.

Judge will not want to "punish" your ex for working and trying to establish herself. Don't forget that.

That's my 2 cents. Good luck with whatever way you decide to proceed.
Reply With Quote
  #4  
Old 09-16-2018, 09:52 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 919
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
Be careful. you are walking a fine line of appearing to be 'stalkerish' and this may be used against you if it was you who took the photographs.
Your right.. all but one were from Facebook and websites of her place of work.

Quote:
If you don't have evidence by way of proof of her income then everything is merely speculation... up to you to make sure you have as much scholarly or published information as you can to lead the reader (judge) to conclusion that income needs to be imputed.

Judge will not want to "punish" your ex for working and trying to establish herself. Don't forget that.
I don't care about her income, I hope she makes millions. STBX is claiming she cannot work which is another lie.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Pictures and Video - allowable as evidence ? plainNamedDad44 Divorce & Family Law 10 09-10-2018 04:13 PM
memo from superior court re: self representation fieldgrey Reference 9 07-30-2011 01:03 PM
child alienation---please your help brokendad Parenting Issues 16 07-02-2011 11:57 PM
Opposing counsel does not respond organizer Divorce & Family Law 3 05-10-2010 08:45 PM
Admitting evidence digitalkreation Divorce & Family Law 11 04-13-2010 10:30 PM


All times are GMT -4. The time now is 10:36 AM.