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.

Closed Thread
 
Thread Tools
  #1  
Old 11-02-2012, 12:39 PM
Margaret-Krupa's Avatar
Margaret-Krupa Margaret-Krupa is offline
Member
 
Join Date: Mar 2010
Location: Burlinton, Ontario
Posts: 52
Margaret-Krupa is on a distinguished road
Default Husband is serving Petition for Divorce/CS issue

Hello everyone,

I am once again asking for your advice in my case. We sold our house in July and I now live with my two sons in Brantford, Ont. My husband lives in Milton. He retained a lawyer I did not and cannot afford one. I just received a voicemail msg from his lawyer asking me to call her back with my new address because she wants to arrange for service of Petition for Divorce on me. I did not call her back yet.
My worries are such: Both my sons are full time in school at Mohawk College and local High School. My husband is only paying CS for my younger son. His lawyer sent me a letter back in spring saying that my husband will not pay for my older son because "C... is no longer in school and is supporting himself". My son was in school part time then and also working part-time on the weekends only. Now my son is full time in school and not working. I feel and was given the same advice by some of you here on the forum and by four different lawyers that I should file an application for CS because my husband should pay me. I did not have a chance to do this yet and now worry that if he started divorce proceedings in Milton then I will have to commute to Milton court and for me it would be difficult because I do not drive and taking transit takes approx. 4 hours. Should I then start an application for CS here in Brantford on Monday and respond to his lawyer on Monday later that day, or should I perhaps first write to his lawyer informing her that our older son is now full time in school and not working and as such I request that he pays CS for him? Would such letter be of any effect/importance? I am really stressed today and feel that time is running out on me because I should respond to his lawyer soon otherwise it will sound like I am avoiding service. I asked a lawyer how much it would cost to bring a motion to move the venue from Milton to Brantford and he quoted $2500 which totally paralized me and I am not sure if I could prepare and attend such motion by myself. What do you think? Is is possible to prepare motion documents, serve them and file with the court and attend the motion without a lawyer? Thank you.
  #2  
Old 11-02-2012, 01:27 PM
NBDad's Avatar
NBDad NBDad is offline
Senior Member
 
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road
Default

Respond to the lawyer exactly as you have indicated. That will set the stage as a reasonable offer, and if they push to court on that aspect, you ask for costs.

2500 is a fairly standard retainer, and can be burned through pretty quick. Average litigation will run you 10-30000.

If you have already sold the home, you should have equalized assets already? Have the children applied for student loans, grants, bursaries, etc?

In all reality, the amount of time/money/effort you will spend fighting over the older child, will probably exceed whatever CS you will get.

Instead, request that your ex contribute a pro rata share of the costs of school, over and above whatever funding he receives. MAYBE offer to let him send the kid offset CS amounts directly if he doesn't want to just hand you cash.
  #3  
Old 11-02-2012, 01:27 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,148
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Margaret-Krupa View Post
I just received a voicemail msg from his lawyer asking me to call her back with my new address because she wants to arrange for service of Petition for Divorce on me. I did not call her back yet.
You are under no obligation to call the lawyer back directly. You are best to respond in writing and provide the information as requested. I do not recommend that any unrepresented litigant talk directly to opposing counsel via the phone or in person without a third party witness.

Just email the lawyer back stating:

Dear Lawyer:

I am replying to your voice mail left on day, month, year at time to provide the requested disclosure.

My current municipal address for which you can service the documentation is:

1234 Happy Street
City, Province
Postal Code

With regards to the service of your client's documentation; if the documentation requires personal service I do request kindly that you notify me in writing at this email address so a more appropriate time and place can be arranged with your office.

Otherwise please feel free to have the documentation served upon me at the above provided municipal address.

Thank-you for your time in reviewing my correspondence. If you have any further questions please contact me at this email address or send your requests via registered mail to insure delivery.

Yours very truly,
Your name

Quote:
Originally Posted by Margaret-Krupa View Post
My worries are such: ...
For a divorce to be ordered all matters regarding equalization, custody and access and child support need to be resolved. You can respond to the Application and set forth the matters that remain outstanding. For example the child support and S.7 expenses for the "child of the marriage" whom is in college.

Quote:
Originally Posted by Margaret-Krupa View Post
I did not have a chance to do this yet and now worry that if he started divorce proceedings in Milton then I will have to commute to Milton court and for me it would be difficult because I do not drive and taking transit takes approx. 4 hours.
As the moving parent you may be forced to deal with matters in the Milton Superior Court. The Children's Law Reform Act defines where proceedings are to be heard on matters regarding children and it is defined by their habitual residential location prior to separation. (Rule 22.(2)) Considering you probably moved with the children on consent and that the only outstanding issue is child support you could have the court jurisdiction moved. But, you really have to understand the Rules (CLRA/FLR) to have this done.



Quote:
Originally Posted by Margaret-Krupa View Post
Should I then start an application for CS here in Brantford on Monday and respond to his lawyer on Monday later that day, or should I perhaps first write to his lawyer informing her that our older son is now full time in school and not working and as such I request that he pays CS for him?
NO. You were made aware that an Application is being brought forward in the Milton Superior Court for an application for divorce. A judge will NOT be impressed if you make a CS application in another jurisdiction. Furthermore, if you are just making an application for CS then it would be in the "Ontario Court of Justice" and the only court that can hear a matter for divorce is the "Superior Court of Justice". So, your Application will be transfered and/or closed with the OCJ and you will have to deal with the outstanding CS as a Respondent to your husband's Application for divorce.

Quote:
Originally Posted by Margaret-Krupa View Post
Would such letter be of any effect/importance? I am really stressed today and feel that time is running out on me because I should respond to his lawyer soon otherwise it will sound like I am avoiding service. I asked a lawyer how much it would cost to bring a motion to move the venue from Milton to Brantford and he quoted $2500 which totally paralized me and I am not sure if I could prepare and attend such motion by myself.
You need to stop talking to the other lawyer on the phone! NOW! First off, opposing counsel shouldn't have even quoted you a number in my honest opinion. That is just dirty tactics and should have kindly requested you seek legal counsel for the question and that they cannot advise you. Wow.

Quote:
Originally Posted by Margaret-Krupa View Post
What do you think? Is is possible to prepare motion documents, serve them and file with the court and attend the motion without a lawyer? Thank you.
Well, the Application for divorce which you are about to be served has been filed in the Milton Superior Court already, a court file number has been assigned and you have 30 days to respond to the application. Best not to try and forum shop at this time in my opinion.

Good Luck!
Tayken
  #4  
Old 11-02-2012, 01:38 PM
DowntroddenDad DowntroddenDad is offline
Senior Member
 
Join Date: Sep 2012
Posts: 1,702
DowntroddenDad will become famous soon enough
Default

There was another thread on this board about what constitutes a full time student. You need to determine what full time is at the institution where your son is studying and see if he meets the full time criteria.
  #5  
Old 11-02-2012, 02:25 PM
Margaret-Krupa's Avatar
Margaret-Krupa Margaret-Krupa is offline
Member
 
Join Date: Mar 2010
Location: Burlinton, Ontario
Posts: 52
Margaret-Krupa is on a distinguished road
Default

Thank you for your replies. I really appreciate them. To make things clear I need to say that I was NOT talking to my ex's lawyer at all. I avoided ANY telephone communications with her. I spoke to a couple of lawyers at the court (duty counsel) and to a couple of lawyers provided to me via LSUC within lawyer referral service program.
I will not pursue CS Application then. I prepared a letter to my ex's lawyer. This is what I want to say to her:

Further to your letter dated April 11, 2012 and my response of April 30, 2012 I am writing to you with respect to paragraph 1 of your letter.
I want to inform you that our older son, C is now attending school full time at Mohawk College as a High School student completing specialized High School program (SWAC). Conrad does not work or earn money otherwise. I attach copies of letters from Grand Erie learning Alternatives and Mohawk College confirming C's enrolment in school as a full time student.
As such I ask that CK pays Child Support for both his sons, C and A which based on C income of 2011 would be $489.00. I ask that C provides his November and each subsequent Child Support cheque for the amount of $489.00.
With reference to education expenses, although there is RESP in place for both Conrad and Alex, the funds most likely will not cover the full cost of tuition fees, books, transportation, school supplies, etc. for both C and A should both boys continue their studies at College or University.

I would appreciate any comments on this letter. I intend to fax and mail it out on Monday morning. Thank you.
  #6  
Old 11-02-2012, 02:51 PM
Margaret-Krupa's Avatar
Margaret-Krupa Margaret-Krupa is offline
Member
 
Join Date: Mar 2010
Location: Burlinton, Ontario
Posts: 52
Margaret-Krupa is on a distinguished road
Default

I also prepared a separate letter regarding my new address and service.
  #7  
Old 11-02-2012, 04:24 PM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

Hello again MK: am I just too cautious, can someone block out the specific names of children and ie: Colleges/locations. I really feel that it's too much personal information (?)

MK: try not to stress too much. You've come this far and thus far have braved the waters. Keep swimming. You'll be fine.
  #8  
Old 11-02-2012, 04:27 PM
Margaret-Krupa's Avatar
Margaret-Krupa Margaret-Krupa is offline
Member
 
Join Date: Mar 2010
Location: Burlinton, Ontario
Posts: 52
Margaret-Krupa is on a distinguished road
Default

Thank you very much for your reply Hadenough. I really appreciate your support. However, I am dealing with anxiety problems. I am getting help from a psychiatrist but medication can only go so far and when it comes to a matter like this the stress level is just overwhealming..
  #9  
Old 11-02-2012, 04:35 PM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

I understand and I commend you for seeking counseling. Look after yourself. Get out for a walk, keep hydrated and try to find one or two things that distract you temporarily. I know all about anxiety.

You will get through this. It can all seem very frustrating and intimidating but it will end soon. Thankfully your kids are older and that you do not have that added stress of little ones. There's plenty to be thankful for. I also need to remind myself of that from time to time. (Actually, just earlier today).
Closed Thread

Tags
child support, court location, motion, petition for divorce


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



All times are GMT -4. The time now is 11:56 AM.