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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 08-06-2019, 10:05 AM
Selfrepmom Selfrepmom is online now
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Default Help With Summary Judgement Motion

Would a kind soul or two out there be willing to read over my motion/supporting affidavit? It is for a summary judgement for a final order on child support/arrears/s7's as the Respondent has no reason to not pay and it would be ridiculous to go to trial over this.


I tried to stick to the facts in my material and want an uninvolved third party to look it over to see if it comes across as straight forward and obvious as I hope it does....
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Old 08-06-2019, 10:18 AM
Mom 2 Two Mom 2 Two is online now
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I could read it if you like...


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  #3  
Old 08-06-2019, 10:29 AM
Selfrepmom Selfrepmom is online now
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Well I will just put the wording in for my actual motion form here as it isn't too long.... Under the "Order that you want the Court to Make" I have written:




Order for Summary Judgement as follows:





1) For the purposes of child supportand Section 7 expenses moving forward, an annual income of $40,000 shall be imputed upon the Respondent





2) Section 7 expenses, including butnot limited to the child's before and after school care, summer care, dental and medical expenses, and otherextraordinary expenses, are to be split proportionate to both the Applicant'sand Respondent's income. Based on past expenses, an annual cost of $3,000 shallbe assigned to annual section 7 expenses moving forward, with the Respondent contributing60% ($150.00) per month, enforceable by the Director of the Family ResponsibilityOffice.





3) Total arrears of $7,399.44 for childsupport accrued between July 1 2017 to September 30 2019 to be paid to theApplicant and is broken down as follows:


a) From July 1, 2017 to December 31, 2017 at a rate of $201.74 per monthbased on the Respondent's line 150 total income of $25,285 on his supplied2017 tax return. For a total of $1,210.44


b) From January 1, 2018 toDecember 31, 2018 at a rate of $359.00 per month based on an imputed income of$40,000 for 2018. For a total of $4,308.00


c) From January 1, 2019 to September30, 2019 at a rate of $359.00 per month based on an imputed income of $40,000 for 2019, less $150.00 per month previously paid [(359-150) x9] for a total of $1,881.00





4) Total arrears of $xxx for Section 7expenses from September 1 2018 to August 30 2019 to be paid to the Applicant




*** I haven't calculated S7 arrears yet. I will PM you my affidavit later, just on my way to work right now




Thanks
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Old 08-06-2019, 11:35 AM
Mom 2 Two Mom 2 Two is online now
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Quote:
Originally Posted by Selfrepmom View Post
Well I will just put the wording in for my actual motion form here as it isn't too long.... Under the "Order that you want the Court to Make" I have written:




Order for Summary Judgement as follows:





1) For the purposes of child supportand Section 7 expenses moving forward, an annual income of $40,000 shall be imputed upon the Respondent





2) Section 7 expenses, including butnot limited to the child's before and after school care, summer care, dental and medical expenses, and otherextraordinary expenses, are to be split proportionate to both the Applicant'sand Respondent's income. Based on past expenses, an annual cost of $3,000 shallbe assigned to annual section 7 expenses moving forward, with the Respondent contributing60% ($150.00) per month, enforceable by the Director of the Family ResponsibilityOffice.





3) Total arrears of $7,399.44 for childsupport accrued between July 1 2017 to September 30 2019 to be paid to theApplicant and is broken down as follows:


a) From July 1, 2017 to December 31, 2017 at a rate of $201.74 per monthbased on the Respondent's line 150 total income of $25,285 on his supplied2017 tax return. For a total of $1,210.44


b) From January 1, 2018 toDecember 31, 2018 at a rate of $359.00 per month based on an imputed income of$40,000 for 2018. For a total of $4,308.00


c) From January 1, 2019 to September30, 2019 at a rate of $359.00 per month based on an imputed income of $40,000 for 2019, less $150.00 per month previously paid [(359-150) x9] for a total of $1,881.00





4) Total arrears of $xxx for Section 7expenses from September 1 2018 to August 30 2019 to be paid to the Applicant




*** I haven't calculated S7 arrears yet. I will PM you my affidavit later, just on my way to work right now




Thanks


I think it’s broken out clearly. Perhaps just summarize what the total monthly payment owing will be for Fro go enforce at the end.


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  #5  
Old 08-06-2019, 04:36 PM
tilt tilt is offline
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You also want to include “any other Order the Court seems just and fair” so the judge can order something you may not be aware of. Also, an Order for Costs. An order for pre-judgement and post-judgement interest. For Order #2, include “expenses above and beyond those covered by the $150 monthly section seven child support shall be paid proportionate to income with the Respondant paying 60% of expenses within 30 days of receipts being provided. Consent for additional extracurricular expenses shall be sought and not unreasonably withheld”. For Order #4, put a date either forthwith (immediately), or 30 days (and then write out the date, like September 7, 2019). If there is no date it is assumed “forthwith”, but I’m going back to court because my ex claims that he has agreed to pay ... just not WHEN he is going to pay - so he thinks I should wait a decade or so to get the CS arrears he has agreed to. *rolls eyes*
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Old 08-08-2019, 08:44 AM
Selfrepmom Selfrepmom is online now
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Quote:
Originally Posted by tilt View Post
You also want to include “any other Order the Court seems just and fair” so the judge can order something you may not be aware of. Also, an Order for Costs. An order for pre-judgement and post-judgement interest. For Order #2, include “expenses above and beyond those covered by the $150 monthly section seven child support shall be paid proportionate to income with the Respondant paying 60% of expenses within 30 days of receipts being provided. Consent for additional extracurricular expenses shall be sought and not unreasonably withheld”. For Order #4, put a date either forthwith (immediately), or 30 days (and then write out the date, like September 7, 2019). If there is no date it is assumed “forthwith”, but I’m going back to court because my ex claims that he has agreed to pay ... just not WHEN he is going to pay - so he thinks I should wait a decade or so to get the CS arrears he has agreed to. *rolls eyes*


Thanks for those pointers tilt! Those are some big ones
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  #7  
Old 08-13-2019, 09:48 PM
tunnelight tunnelight is offline
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tunnelight has a little shameless behaviour in the past
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You seriously trying to impute income on a summary judgment? lol?

ps. my ex was also a selfrepmom who tried to impute income to me. she took the stand crying after my lawyer made my opening statement and the judge explained to my ex what hurdle she would need to meet to prove me intentionally unemployed.

I don't think you understand the legal system well enough to attempt something like this. but...good luck to you!! lol!!!

Last edited by tunnelight; 08-13-2019 at 10:02 PM.
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Old 08-13-2019, 10:37 PM
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arabian arabian is offline
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Quote:
Originally Posted by tunnelight View Post
You seriously trying to impute income on a summary judgment? lol?

ps. my ex was also a selfrepmom who tried to impute income to me. she took the stand crying after my lawyer made my opening statement and the judge explained to my ex what hurdle she would need to meet to prove me intentionally unemployed.

I don't think you understand the legal system well enough to attempt something like this. but...good luck to you!! lol!!!
tunnelight - you are pretty fucking cocky. I picked out one of your previous posts (from March of this year). Thread was about length of time to settle things. This was your response:

1.5 years for the first time around. really bad agreement and ex started to play around with my access and turn the child against me, so we ended up back in court 9 months later.

second time around, 3.5 years to settle custody and access. time includes OCL and mediation. Would have been well over 4 years if trial needed but settled on consent. another 6 months on top of that to deal with the issue of child support.

90% of our agreement was reached in mediation.


So I don't think that you have much court experience.

Yes if people are stupid enough not to show up in court decisions can be made without them present.

You may have been able to get away with not having income imputed, however, your day may still very well come.


Self-Rep Mom:
https://www.canlii.org/en/on/onsc/do...&resultIndex=1

Go look on CanLii and you will find many cases. Some in favor and some not in favor. You can read up and consider your options.

here is a good read:

https://www.canlii.org/en/on/onsc/do...resultIndex=17

and a good slap-down for dude who didn't show up....

https://www.canlii.org/en/on/onsc/do...resultIndex=16

Yes income CAN INDEED BE IMPUTED BY SUMMARY JUDGEMENT

Last edited by arabian; 08-13-2019 at 11:09 PM.
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Old 08-14-2019, 07:58 AM
Mom 2 Two Mom 2 Two is online now
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Quote:
Originally Posted by arabian View Post
tunnelight - you are pretty fucking cocky. I picked out one of your previous posts (from March of this year). Thread was about length of time to settle things. This was your response:



1.5 years for the first time around. really bad agreement and ex started to play around with my access and turn the child against me, so we ended up back in court 9 months later.



second time around, 3.5 years to settle custody and access. time includes OCL and mediation. Would have been well over 4 years if trial needed but settled on consent. another 6 months on top of that to deal with the issue of child support.



90% of our agreement was reached in mediation.





So I don't think that you have much court experience.



Yes if people are stupid enough not to show up in court decisions can be made without them present.



You may have been able to get away with not having income imputed, however, your day may still very well come.





Self-Rep Mom:

https://www.canlii.org/en/on/onsc/do...&resultIndex=1



Go look on CanLii and you will find many cases. Some in favor and some not in favor. You can read up and consider your options.



here is a good read:



https://www.canlii.org/en/on/onsc/do...resultIndex=17



and a good slap-down for dude who didn't show up....



https://www.canlii.org/en/on/onsc/do...resultIndex=16



Yes income CAN INDEED BE IMPUTED BY SUMMARY JUDGEMENT


Great reads Arabian!!! I am trying to figure it how to bring summary judgement in my case as well... not sure I can make the case though. Even though my lawyer thinks we can.


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Old 08-14-2019, 09:00 AM
Selfrepmom Selfrepmom is online now
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Quote:
Originally Posted by arabian View Post
tunnelight - you are pretty fucking cocky. I picked out one of your previous posts (from March of this year). Thread was about length of time to settle things. This was your response:

1.5 years for the first time around. really bad agreement and ex started to play around with my access and turn the child against me, so we ended up back in court 9 months later.

second time around, 3.5 years to settle custody and access. time includes OCL and mediation. Would have been well over 4 years if trial needed but settled on consent. another 6 months on top of that to deal with the issue of child support.

90% of our agreement was reached in mediation.


So I don't think that you have much court experience.

Yes if people are stupid enough not to show up in court decisions can be made without them present.

You may have been able to get away with not having income imputed, however, your day may still very well come.


Self-Rep Mom:
https://www.canlii.org/en/on/onsc/do...&resultIndex=1

Go look on CanLii and you will find many cases. Some in favor and some not in favor. You can read up and consider your options.

here is a good read:

https://www.canlii.org/en/on/onsc/do...resultIndex=17

and a good slap-down for dude who didn't show up....

https://www.canlii.org/en/on/onsc/do...resultIndex=16

Yes income CAN INDEED BE IMPUTED BY SUMMARY JUDGEMENT


Thanks Arabian...My favourite case law so far is this one https://www.canlii.org/en/on/oncj/do...resultIndex=59

Except for custody/access issues (we already have a final consent order on these) this case pretty much reads exactly the same as mine

Tunnelight- what you have failed to read in all my other previous posts... I have My ex’s resignation letter from his job 4 days before our first court appearance where he voluntarily RESIGNED, a letter from that employer saying that while it is understood that he resigned, that they marked him down as laid off. I also have a signed and sworn affidavit from the man he started working for THE NEXT WEEK, as a sub contractor (read: off the books), which states that he worked for him full time for 6 months until he was fired for drug use etc, how much he made, e-transfer records etc. He also states in this affidavit that my ex told him that he quit his other “on the books” job, with the intent of avoiding child support obligations. The entire time he worked for this man, he told me and our case management judge on 3 separate occasions that he was unemployed. Oh, AND I have a letter from his Employment Insurance benefits that states that he was collecting unemployment benefits based off the “laid off” status from the other job, while he was actually working full time as a sub contractor.

You seem to have a very negative picture in your head of all women, and I’m sure you’ve had experiences that have brought you to this conclusion. It seems that your ex and/or some woman has pissed you off recently, because you have been trolling and attacking every woman’s post on this forum this week, even going as far as misinterpreting (actually, just not reading the full thing) one woman’s quote and attacking her based on your own new, misinterpreted quote.

I hope that any issues you are having can be resolved and you can move forward with a less judgemental attitude, as I know you could probably be a very valuable resource for this forum, especially for men who are looking to change access schedules and custody.
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