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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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  #1  
Old 01-14-2020, 08:31 AM
rockscan rockscan is offline
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Default Choosing Witnesses

My husbands lawyer said the dreaded words yesterday start thinking about witnesses for trial. This case is on support and expenses. The ex refuses to accept she is not entitled to support or certain expenses.

Who would he call as a witness?
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Old 01-14-2020, 09:44 AM
Selfrepmom Selfrepmom is offline
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Is she trying to argue that he makes more than he actually does, or just that she is entitled to certain costs that shes actually not?

If shes just arguing for certain costs that he doesnt have to pay would there even be a need for witnesses really? Would a judge even let that go to trial??
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Old 01-14-2020, 10:03 AM
rockscan rockscan is offline
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We have no idea what a judge will do. They had a motion for disclosure two years ago where she argued he was underemployed and living outside his means. She lost that motion because he is not. They are headed for a settlement conference and her brief has no constructive information in it. She is claiming she needs support and all expenses because he wasnt entitled to any assets from the marriage. She is still bitter she had to buy him out of the house and has never agreed that she couldnt just spend whatever she wanted an get him to pay. She has put together all these math equations and scenarios outlining what he should have paid her. A judge told her she was not entitled to anything. Everything that judge told her went in one ear and out the other. Judge even told her how the court would rule and that she would have to pay 100% of my husbands costsnothing changed her attitude.

In her brief she claimed she would call some to testify to one of the expenses. But the problem is that testimony would mean nothing because there is no proof she actually incurred the expense!

Thats why we are at a loss on witnesses.
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Old 01-14-2020, 08:39 PM
Stillbreathing Stillbreathing is offline
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Unfortunately the other side can call whoever they want whether applicable or not such as the neighbors, real estate agents, aunts, uncles, paperboy, etc . This can drive up the costs
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Old 01-15-2020, 10:44 AM
iona6656 iona6656 is offline
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I'm thinking the witnesses would be anyone- lawyers, clerks, etc who were there at the time the original agreement was signed.

I'm stumped as to who the witnesses would be as well.
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Old 01-15-2020, 12:39 PM
rockscan rockscan is offline
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Ive looked through some cases on canlii and have found no witnesses. Instead decisions included reference to receipts. This is the crux of the issue, ex refuses to keep receipts or provide them. She claims hundreds of dollars in additional expenses and defends thousands in expenses as a result of the kids feelings and says my husband should have to pay them. The judge at a previous date told her no. He even went so far as to provide a detailed instruction on why it was a no. She just keeps coming back to it.

I cant believe it has come to this. My husband has offered much more than any case I or the lawyer have found. She is insistent on getting what she wants and will do everything she can to destroy him. I really hope the judge at the sc can lay down the law with her on these expenses and really get through to her that she is completely off base here.
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Old 01-15-2020, 08:27 PM
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Tayken Tayken is offline
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Just because you can call a witness doesn't mean you SHOULD call a witness.

As your matter is financially driven there are very few (if any) witnesses to call. You should NOT appear as a witness unless called by the other party.

Remember, if they call you as a witness they can't treat you negatively basically. You are *their* witness. Technically its a game to be played. If they are stupid enough to call you as *their* witness your lawyer will have a field day with them.
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Old 01-16-2020, 08:09 AM
rockscan rockscan is offline
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I dont want to be called as a witness. The lawyer simply asked us to think of witnesses and then suggested husbands kids. I was asking here because I was worried we were missing something. Its a case about financial stuff. The biggest problem is her disclosure of information relating to expenses she claims.
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Old 01-16-2020, 08:37 PM
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No kids ever! EVEN ADULTS! Make the other party call them! I have quoted the standard stuff that a judge said about calling children, even adult ones, a number of times on this site.
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Old 01-16-2020, 10:07 PM
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Yes my husband said absolutely not. Kid filed an affidavit for a previous court date and the judge cautioned the ex on it pointing out how he would have handled it. She hasnt indicated she would call them. I could see it to bolster her case for the alienation but that opens them up to cross examination.

Truly this whole thing hinges on document disclosure. She refuses to provide proof. If she wants to be taken seriously she better start coughing it up.
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