LV,
I will be disputing the approval of the Draft Order for my separation agreement for the following reasons.
1) Undue Hardship.
2) New information that I have come privy too.
Under 1) The Draft Order as it is written makes a demand for a large sum of money (based on the valuation of my pension that I cannot access until I retire), it was accompanied by a letter drafted by the exes lawyer demanding said sum or collection procedures would follow. The sum includes retroactive spousal support and Net Family Property and Costs. The letter scares any possibility of a lender away from me as well as my R7 credit rating. My revised draft Order suggested that Costs and NFP be settled by an attachment on my pension, and I settle the retroactivity of spousal support either by monthly payments or seek out a loan to pay them off. Either way my income would be reduced by 50%, far below that of my exes. Also as a result I will not be able to pay for any medicines required for me to maintain employment.
Under 2) I have since found out that the Applicant’s new bf submitted a falsified tax return to the court stating an income of $11,000. His residence and rent are wrongfully stated making him look poor, this gained sympathy from the Judge.
Rent at false address as stated on his T4 $6895
Rent he paid to the ex as sworn to in court $4800
Total $11,695
Net income on his T4 for the same year$11,264.81
This doesn’t add up!!!!
LV, question
1) Does the circumstance in paragraph 1 signify undue hardship?
2) Should paragraph 2 be brought up, ie. Is this relevant to challenging the Draft Order?
I live in a very small condo with little or no equity, as I cannot afford to rent, I purchased it. I have no other assets.
Do I have any meat in my argument and is there any relevant cases to support it?
Thanks LV,
McBroke
I will be disputing the approval of the Draft Order for my separation agreement for the following reasons.
1) Undue Hardship.
2) New information that I have come privy too.
Under 1) The Draft Order as it is written makes a demand for a large sum of money (based on the valuation of my pension that I cannot access until I retire), it was accompanied by a letter drafted by the exes lawyer demanding said sum or collection procedures would follow. The sum includes retroactive spousal support and Net Family Property and Costs. The letter scares any possibility of a lender away from me as well as my R7 credit rating. My revised draft Order suggested that Costs and NFP be settled by an attachment on my pension, and I settle the retroactivity of spousal support either by monthly payments or seek out a loan to pay them off. Either way my income would be reduced by 50%, far below that of my exes. Also as a result I will not be able to pay for any medicines required for me to maintain employment.
Under 2) I have since found out that the Applicant’s new bf submitted a falsified tax return to the court stating an income of $11,000. His residence and rent are wrongfully stated making him look poor, this gained sympathy from the Judge.
Rent at false address as stated on his T4 $6895
Rent he paid to the ex as sworn to in court $4800
Total $11,695
Net income on his T4 for the same year$11,264.81
This doesn’t add up!!!!
LV, question
1) Does the circumstance in paragraph 1 signify undue hardship?
2) Should paragraph 2 be brought up, ie. Is this relevant to challenging the Draft Order?
I live in a very small condo with little or no equity, as I cannot afford to rent, I purchased it. I have no other assets.
Do I have any meat in my argument and is there any relevant cases to support it?
Thanks LV,
McBroke
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