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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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  #11  
Old 03-14-2019, 12:20 PM
gettingexpensive gettingexpensive is offline
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Quote:
Originally Posted by Gilligan View Post
I did what I could to get disclosure. Other than a redacted letter from the insurance company... NOTHING. So my ex gets to enjoy extended vacations, sporting events, trips down south while I cover the difference in her loss of income via increased support. There was nothing said, no concerns and the fact that there was a letter from the insurance company was enough. And the words used "it's her money, she is entitled to it..." and who are you to argue with an insurance provider.

I know I sound bitter, but this isn't fair for anybody. And yes, I think the system is very broken.
So the insurance company doesn't mind paying? You'd think that if they were made aware of the situation they could change their mind on LTD... LTD is long term. Not permanent. And if medical situation changes, can be reopen.
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  #12  
Old 03-14-2019, 02:25 PM
Helpmyspouse Helpmyspouse is offline
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I am so angry and bitter for all of us. I don't see why anyone should get married. Ever. Like why get into a legal binding agreement when it makes you financially responsible for another grown ass adult. And you hear about people into their 3rd and 4th marriages! You lose your shirt during a divorce. You get back on your feet and you go back into the frying pan. I don't get it. Best of luck to all.
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  #13  
Old 03-14-2019, 02:49 PM
Gilligan Gilligan is offline
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I personally blame the family law system. It is created and governed by the people who stand the most to gain from it... lawyers and the lawyers who become judges. It's a big conflict of interest and it's what the public is led to believe as "justice".


From what I seen, they want to apply rules regardless of impact or what is truly in the child's best interests. It promotes costly fights and conflict between parents.


How exactly does that help our children?
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  #14  
Old 03-14-2019, 03:10 PM
rockscan rockscan is offline
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Everyone bears responsibility in many cases. People rush into marriage young or blindly. Couples decide one spouse can stay home. Men and women think they will change their spouse. People cheat and think they can get away with it. Then there are those who are intent on punishing their spouse. The list is endless. You canít simply blame the court system or the laws. A lot of the adults in the system have their own flaw that led them to the courthouse.
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  #15  
Old 03-14-2019, 03:28 PM
Gilligan Gilligan is offline
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I'd like to agree with you Rockscan, but it really hasn't been my experience so far throughout the various motions I've been involved in.


Blatant lies are often accepted as fact, this is the general consensus from many of us on here who've been through the system. This seems to be rampant and there are no consequences. I have a moral problem and won't go to that level, so is it a level playing field? There needs to be severe penalties for perjury, regardless otherwise this system is a farce.


And yes, I blame the courts for accepting this as status quo. I expect more from the people entrusted in this position and they are MY Tax dollars.


In family law, you have 2 options.


1) Pay up, even if it's un-reasonable
2) Fight it, pay huge legal fees and face Costs if in-successful


In a non-court scenario, you would call this extortion but we paint this as "collaborative family law".


I know it's a rant and my opinion but I wouldn't call it justice.

Last edited by Gilligan; 03-14-2019 at 03:30 PM.
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  #16  
Old 03-15-2019, 02:15 PM
BetterRobert BetterRobert is offline
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Quote:
Originally Posted by Gilligan View Post
I'd like to agree with you Rockscan, but it really hasn't been my experience so far throughout the various motions I've been involved in.


Blatant lies are often accepted as fact, this is the general consensus from many of us on here who've been through the system. This seems to be rampant and there are no consequences. I have a moral problem and won't go to that level, so is it a level playing field? There needs to be severe penalties for perjury, regardless otherwise this system is a farce.


And yes, I blame the courts for accepting this as status quo. I expect more from the people entrusted in this position and they are MY Tax dollars.


In family law, you have 2 options.


1) Pay up, even if it's un-reasonable
2) Fight it, pay huge legal fees and face Costs if in-successful


In a non-court scenario, you would call this extortion but we paint this as "collaborative family law".


I know it's a rant and my opinion but I wouldn't call it justice.
We seem to be on the same page. Here's a paragraph from my latest affidavit:

Given the Applicantís blatant and multiple counts of perjury, their account is wholly incredible. It should behoove this Honourable Superior Court to side with the litigant who takes matters of perjury seriously. This is an outrage, an injustice, and a successive crime. I request a ruling on this matter: is perjury unaccountable in this Honourable Superior Court? If so, I am tempted to start perjuring myself, despite having nothing to perjure. I will not have these prestigious walls dejected to Ďkangarooí relegation. Need the Applicant be reminded, this is the Superior Court of Justice, not a daytime reality court show.
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  #17  
Old 03-15-2019, 02:36 PM
rockscan rockscan is offline
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Oh good lord. Do not put that in your affidavit. Your documents should have facts in them. Was there a ruling on perjury? Add it in and simply state the date and the truth. Has the applicant not provided disclosure? Put the proof in there and state it.

Your affidavit is to prove YOUR argument. You donít ask questions and you absolutely DO NOT question the work of the court.

People lie in family court all the time. Judges expect a few lies. By putting that in your affidavit the judge will crush you for questioning the judgement of the bench.
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  #18  
Old 03-15-2019, 03:38 PM
Gilligan Gilligan is offline
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Isn't that the issue?


Shouldn't the bench be held to account for enforcing the truth on sworn affidavits? Or worse, accepting lies in family court and giving a judgement based on lies? Is the only way to work within this system to lower one's self to perjury in order to get a fair trail?


I would hope it isn't so! Don't we deserve better?
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  #19  
Old 03-15-2019, 03:49 PM
rockscan rockscan is offline
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If she was found to have perjured herself by the court, it would be in the file. If they made a bad decision on something because she fucked up, there are methods to appeal the decision.

Court isnt the place to change policy. Its the place to get a decision within the parameters of the law. If the superior court doesnt do it, appeal it and the appeal *may* be held as a change or an example for future cases.

If you want to lose, go in with an attitude like this and blast the judge.
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  #20  
Old 03-15-2019, 06:18 PM
Karma2016 Karma2016 is offline
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Quote:
Originally Posted by gettingexpensive View Post
What ??? Am I reading this properly? 4-5 years later and nothing is resolved?

This situation cannot last years!
Dude, itís been exactly 3 years since my Lawyer-husband left me and due to his shenanigans we still donít know what his real income is nor what our assets are worth. Married 23 years. Iíve had to hire a forensic accountant. Weíve had one case conference which was, in the end, useless. Every time Iíve made a motion for him to produce financial I formation he obliges the night before the motion is due. Iím indebt probably $75,000, and climbing. Knowing he will have to pay me support indefinitely he is dragging this out masterfully.

Buckle up.
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