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Lawyering Up - Any Advice?

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  • #16
    Line 232... will definitely look into it, thanks!

    After speaking some more with my husband about "lawyering-up" he feels most comfortable returning to the lawyer we had in 2007.

    He thinks he would be best because he already has an understanding of our situation, and knows how ridiculous my stepson's mom can be. Many lawyers assume she is reasonable, that she can be reasoned with, etc., and don't approach the case in the aggressive way they should.

    I think dealing with someone we are already comfortable with and we know fairly well is a good idea.

    However, before picking up the phone, I hope to do a little more research this week, and make a final decision by the end of the weekend.

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    • #17
      Does anyone have any experience or knowledge of the law firm Heydary Hamilton PC? Especially for Family Law cases?

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      • #18
        Its a shot in the dark..but maybe use canlii and type in the lawyers name and see if anything come up. I check my lawyer every so often on canlii and I also checked our OCL social worker too.

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        • #19
          Originally posted by mominont View Post
          Its a shot in the dark..but maybe use canlii and type in the lawyers name and see if anything come up. I check my lawyer every so often on canlii and I also checked our OCL social worker too.
          Thanks Mominont. I looked him up. There were only two cases which he represented on Canlii. One was a work injury case and the other a family law case, similar to our particular situation.

          Fortunately, it seems from the write-up that our previous lawyer had a good grasp on the situation and came at it from the proper angle. Unfortunately, his client failed to provide his lawyer and the court with the required proof/documentation to support his claims, and as a result, the judgement went in favour of the other party.

          I think we will consult with him to get his perspective on our situation, and then make a decision from there. I plan to contact him early next week to set up a meeting. Hopefully he'll be "the one!" *Fingers Crossed*

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          • #20
            Originally posted by stressedby-X View Post
            Also check out financials to see whether of not any of your legal fees would be able to be claimed on income tax. This may be helpful this year or next. Line 232.
            I looked up information regarding deductible legal fees (line 232) and was ecstatic when I read:

            You can claim a deduction for legal fees on line 232 in any of the following situations:

            you collected late support payments;
            you established the amount of support payments from your current or former spouse or common-law partner;
            you established the amount of support payments from the natural parent of your child (who is not your current or former spouse or common-law partner) where the support is payable under the terms of an order;
            you sought to obtain an increase in support payments; and
            you sought to make child support non-taxable.

            But then, all joy went out the window when at the bottom of the page, I read:

            Note
            If you pay support, you cannot claim legal costs incurred to establish, negotiate, or contest the amount of support payments.


            Is it me, or does it always seem that non-custodial parents (usually support-paying Fathers) get screwed in every possible way?

            (I do understand that the government does not want to see legal fees deducted for yearly support adjustments, but maybe a once-every-5-years rule or something would be nice.... especially if the custodial support-receiving parents get to deduct legal fees every year if they wish to drag support adjustments to court. Something just doesn't seem right... yet again.)

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            • #21
              The premise for why it is deductable is because it is an expense to receive an amount of income.

              Essentially it's the same as if you took an employer to court to get unpaid wages, or to establish that you had been underpaid. It was an expense that was necessary otherwise the income wouldn't have been received.

              If the other party pays some or all costs, then the full amount obviously shouldn't be claimed.

              This is why legal fees for support is deductable but not legal fees for equalization, or custody.

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              • #22
                how can they take her statement of arrears without it being signed off by the courts...that is just crazy

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                • #23
                  Originally posted by frustrated11 View Post
                  how can they take her statement of arrears without it being signed off by the courts...that is just crazy
                  Oh, it's signed off by a court commissioner taking oaths. But they dint check if what she has written down is correct... they just ask her if what she claims is true, and witness her signing. Even if they did check, how would they know how much was actually paid? It's all based on her word, and on the payor to provide documentation to prove otherwise.

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                  • #24
                    My BF's ex did a similar stunt. She told FRO that he was in arrears, so FRO merrily issued a statement stating that he was in arrears. And she submitted it to court less than 24h before motion date/time. Luckily my BF was able to get to FRO within HOURS and get them to confirm that he was NOT in arrears.

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                    • #25
                      Hey Dink, looks like we're in a similar boat here.

                      However, my stepson's mom has also agreed (in writing) to an adjustment of child support - as the order she filed with FRO is inaccurate of my husband's income (though the highest amount ordered to date, hence the hasty filing before it could be rectified) - yet she refuses to sign the required forms to change the support amount with FRO. (And, if you haven't guessed, she is claiming my husband owes arrears, despite him paying the amount they agreed upon.)

                      My husband has tried to provide FRO with a copy of the email in which she agreed to an adjusted amount - an amount which IS representative of my husband's income - but FRO won't make any changes without official court documentation (i.e. a new court order or a Form 15C Consent to Change signed by both parties). Heck, FRO is now completely avoiding my husband, and has not responded to any of his last 3 correspondences (mail and fax). Yet when he calls to speak with an agent, he is told to submit his statements and proof by mail or fax.

                      So, here he is, gladly paying an amount of child support that is the table amount based on his income, which has been agreed-upon by both parties, and yet accumulating massive arrears because the recipient refuses to provide FRO with the required documentation to change the amount they currently have on file - an amount which has been contested and which is awaiting a court date.

                      Go figure!

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                      • #26
                        My ex goes for the jugular, thrives on intimidation and believes he can bully everyone to get his way. After $70K in legal expenses, I cannot afford a lawyer, but have to defend my position regardless.
                        Knowledge can be a powerful tool! I have been educating myself on precedent setting caselaw and am confident that I can now build a sound case...ironically and sadly there are a lot of others out just like us.
                        CanLii offers a search engine; use keywords to narrow the search to your issues. Find cases like yours and include it in your defence. Judges will look at this case law; they will be hard-pressed to make a decision that contravenes case law!

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