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Parent wanting to dismiss court case re: CS an S7

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  • #31
    In my offer to settle I actually did better than your recommendation and reduced arrears to $11,000 (that's a reduction of $6k). My lawyer recommended to keep support based on guideline and reduce S7 due to the tax break which i did as well. Still no dice when that was sent. There is just no compromising with my ex. His case is that "he simply can't afford it." When pulling my paperwork together over the weekend I came across all childcare receipts I've paid total on my own to date and I'm at $40k to which he has contributed $1200 - just doesn't seem fair. I've done what I can to try and rectify this outside of court. The only thing I think he will ever agree to is zero support and zero S7. lol So, i'm going to just let this case go to court in November, accept whatever the decision is and move on.

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    • #32
      There will always be those who want to be unreasonable. Hopefully you are successful in receiving costs following the trial!

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      • #33
        Update: I filed my affidavit , updated financial statement, response to ex’s affidavit and my factum. Ex filed affidavit, swore his financial statement didn’t change (even though his taxes say he made way more) and his lawyer forgot to file his factum yesterday so he said he’s going to email it to us and walk it in on our trial date this Tuesday. How is this even fair he can do they? We have the afternoon booked for trial so does the judge spend the first part of it reading it while I pay my lawyer to sit there? Or will the judge not accept it and adjourn? I’m so tired of my ex pushing this out. I swear they did it on purpose but can’t prove it. Any thoughts?

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        • #34
          The judge has decided on my case today. Here is the judges endorsement:
          - ex is to pay all arrears In CS from Jan 2015 to present based on actual income
          - ex is to pay guideline support moving forward with a 5% discount because he supports 2 other children from a previous marriage. 5% was reduced from CS arrears as well.
          -beginning Jan 2018 ex is to pay his proportional share of childcare which is 49% less 15% from that because of the tax break I get on income taxes, which brings his share down to 41%. I do not get retro childcare prior to filing my motion because I should have asked for it a long time ago if he wasn’t exercising his rights and I was paying extra childcare because of it (my bad I guess)
          -ex to pay retro owing on S7 expenses from 2015-2017 for non childcare costs based on the new proportionate % now that income was disclosed.
          -his claim that he gave me 100k of his equity in the home is not considered at all because everything g was equalized in 2012.

          So I’m almost getting everything I asked for in my initial motion t change and even a tad more than my offer to settle. Legal fees for me will end up at about 20k which is almost double what I’m receiving in arrears owing so I’m putting in a claim for costs due to his blameworthy conduct throughout. I’m not banking on getting much for costs as I was told Ontario family court doesn’t usually award much. Regardless, it’s all over now so I can put all this back in the box and move forward!

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          • #35
            You would be surprised, if you made an offer to settle and beat that offer, you could get some hefty cost awards.

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            • #36
              The decision is exactly what was in my offer to settle was with the exception of the 5% reduction in child support because he has two other children which equals about $28 a month reduction. If anyone has any outcomes to share I’m terms of results on costs awarded I’d really like to hear them. Thank you.

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              • #37
                Thanks for keeping us updated. I am pleased you were successful in your motion and hope you can get a favorable costs award.

                People who fail to provide financial disclosure should be penalized in a very big way. IMO Lawyers who endorse that behavior should also be held accountable but then we know they won't because they can drag things on and add to billable hours. A respectable lawyer would refuse to represent someone who does not comply with 'the rules.'

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                • #38
                  Originally posted by Lemongirl View Post
                  The decision is exactly what was in my offer to settle was with the exception of the 5% reduction in child support because he has two other children which equals about $28 a month reduction. If anyone has any outcomes to share I’m terms of results on costs awarded I’d really like to hear them. Thank you.
                  Was your offer severable?

                  If it was not, then you did not beat your offer, and you will only get partial costs.

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                  • #39
                    I’m not sure what you mean by severable? My motion to change was only for child support and S7. Each item was listed separately in my offer. I.e. CS arrears, CS go forward, S7 arrears, S7 go forward And arrears payment schedule. My offer and what the judge decided on was almost exactly the same except the judge is giving him a 5% reduction in CS arrears and CS go forward. S7 go forward and arrears are identical in my offer and judge decision. Arrears payment plan is lower in judges decision 150 vs 400, but that’s because she wants him to pay all daycare in 30 days of receiving receipt from me whereas I just planned on submitting to FRO and having it lumped into arrears with a flat arrears payment per month which includes daycare. My offer to settle was sent beginning of May and was never “officially” responded to and I never received an offer to settle at all from my ex. Any thought are welcomed! This part is new to me so I have no clue how this works.

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                    • #40
                      Originally posted by Lemongirl View Post
                      I’m not sure what you mean by severable? Each item was listed separately in my offer. I.e. CS arrears, CS go forward, S7 arrears, S7 go forward And arrears payment schedule.
                      Could your ex have done the following:

                      A) Accept your offer of CS arrears
                      B) Reject your offer of CS going forward
                      C) etc.

                      or was your offer more along the lines of:

                      A) Accept the entire offer and sign or don't sign and we will see you in court.

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                      • #41
                        Was this a long motion where a final order was made? Were cost addressed with the judge or in the order?

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                        • #42
                          My offer to settle didn’t specify if it was all or nothing for the terms. It just listed each one by number with no expiry date. It was a hearing for a motion to change and the judge booked two hours for us. Each had to prepare an affidavit along with full factum and any additional supporting documentation like childcare receipts, emails asking for financial disclosure, etc. Our lawyers had to argue their side of the case. We didn’t need to speak at all. I’m not sure if this is considered a long motion or not?

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                          • #43
                            there was no clause in my offer to settle that it was all or nothing. I assume that’s a good thing?

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                            • #44
                              As for costs the endorsement from the judge said we should try and work out costs on our own and if we can’t to submit a two page request for costs to the courts by Dec 10 and the judge will decide.

                              Comment

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