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  • Have you had to end the process due to running out of money?

    Have you had to end the court / lawyer process due to running out of money? I have put my family on a super budget, and have had to borrow money from the bank, to pay for the legal expenses, as well as paying the CS amount to my ex. It is putting a hurting on my families moral big time. I am worried if it had to go to trail, i would be putting myself serious debt.

    Can anyone share some tips on how they handled the expense part of going through this process.

    thanks

    HM

  • #2
    Started off using a lawyer, and am now self representing to save money.

    Come time for trial, I guess I'll have to hire a lawyer. Until then I'm doing it myself to save money.

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    • #3
      You can do it yourself. Especially if you have previous forms that have already been done by your lawyer. Just follow what your lawyer has already done, usually it is the same thing repeated over and over again.Huge waste of money. Does your ex have a lawyer, sometimes judges question how you can afford a lawyer, but not child support.
      Just take your time filling them out, there are many guides to use that are very helpful. Ministry of the Attorney General - A Guide to Family Procedures in the Ontario Court of Justice

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      • #4
        I've heard and seen so many run themselves into debt buried under legal fees. I know I'm probably heading that way myself.

        It seems just wrong to be spending thousands in legal fees, and not getting anywhere. My lawyer who has had my file since last Spring admitted that "nothing had been really been done on my file." He has attended two court appearances for me plus two client-lawyer meetings and numerous emails back and forth.

        That "nothing" has cost me close to $4,500 already and I've just (unfortunately and stupidly) given him another retainer of $3,500.
        The $3,500 is for the case conference "we" had to prepare for this Friday and This required his presence in court on my behalf. Much of the time will be spent waiting around.

        Having read the recent posts, I am considering representing myself.

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        • #5
          I represented myself. I had my old lawyer do all the paperwork and filing with court. I ran the paperwork to the court, served my ex etc. I stood up in court and took my ex and her lawyer on and one. I showed the judge how much she was lying in court and thanks to my present girlfriend and her ability to use excel, I had everything down to the last penny. Do it yourself and have a lawyer there for paperwork only.

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          • #6
            I would highly recommend OttawaM43 advice. I thought I was a "pro" and did all the paperwork for responding to a Motion to Vary, I spent literally hours and hours, and did a fantastic job. When my fiance went to file the papers with the Court a few weeks ago, we learned that they had just changed the forms,and they wouldn't accept ours. We live over an hour and a half away, so going back the next day wasn't an option. So, low and behold, we have a case conference for April 13, and we can't even attend as we didn't respond. I could just cry.....I am so worried. I worked so hard.But I have no one to blame but me.

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            • #7
              CISTEAD I would still show up at the court appearence and at least try for a motion with the judge to have more time because of changed paperwork. You would be surprised how the judges will let that sort of stuff go. Just a thought.

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              • #8
                Cistead, there may be hope, my husband filed a motion to vary and his ex did not repond in time, she had 30 days before the court date. She showed up and the judge allowed her to file it by the end of the day. He set the case conference date and we filed out Case conference brief, she did not, and never did to this date. The judge made the decision they signed the endorsement. Go to the Case conference, make sure you file your CCB in time and your intention to attend usually 4 days prior to the case conference, otherwise the judge will not consider anything you have to say and will likely give the other party whatever they are asking to vary since you never opposed.

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                • #9
                  omg....thanks guys.....

                  Oh dear, I wish I had posted earlier. The Case Conference is on Tuesday. I faxed the papers in anyway, you can only try. My fiance said he is going to just show up and hopefully they will give him a shot. If anything, they should give him an extension. This would be so much easier if we lived closer.
                  Thanks for the help, and wish us luck.

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                  • #10
                    To OttawaM43 and to NotSoNiceEx,

                    A very heartfelt thank you!!!! My hubby did just as you suggested (pale as a ghost I might add). He went to the Case Conference without having filed his papers, and the judge not only accepted him, SHE read his papers and ruled 98% in his favour. Thank you both so much for the help. Sometimes the court system does get it!!!

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                    • #11
                      Oh Thank God, I am so happy to hear the results. It is difficult going through the courts but at least one persons experience can help anothers. Congratulations :0)

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                      • #12
                        I just had a settlement conference yesterday. I have been representing myself. All was fine until the judge asked why I hadn't provided income taxes from 2003 to 2009. I had, but not a copy of the actual income tax I sent to Revenue Canada. She was not impressed and charged $200 in court costs to the X. I guess it could have been more...
                        Be warned send actual copies of income tax returns!
                        Still fighting!!

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                        • #13
                          I don't think I understand what you're saying here....you sent copies but you didn't send the right ones?

                          And if it was your mistake why would she charge $200 to your ex over it??

                          Comment

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