Looking for some advise, I think my boyfriends Lawyer isn't relly helping him

[Jennifer19807]

Hello,

I am looking for some advice, My boyfirend has been seperated for alsmot 3 years now and I would like to know If I am right in thinking that his Lawyer isn't doing anything for him. Currently he is paying $2500 monthly for spousal support. She is looking for $4000 now that his daugter (who lived with us) has recently turned 18. A little background first to give you an idea of the situation.

My bf and his ex have been together 20 years, she never worked, but could have. She was abusive towards him mentally and physically, also controlled everything. I am not saying this because of him telling me, this is family telling me and very close clients and co workers telling me this.

So far he has to pay her $2500 +health benefits+life insurance and half of his pension (acording to his lawyer for the rest of his life)

When he left the home, she sold everything in the home..pool table..lawn mower..BBQ..pation set...leather livingroom couch...4x$5000 painting and a lot more. His Lawyer advised him that she would have to pay that back...nothing has been done yet and his Lawyer has not mentioned any of this to her new Layer...keep in mind her new Lawyer is her 5th in 2 years..

Their home was sold in August 2010 and he has not yet seen anythign from the profits of the sale. However she was given $10,000 so far from her share.

She works for her dfaughter babysitting and makes $1000 per month and his Lawyer says that unless her income exceeds $21,000 she does not have to claim it.

There is so much more but I am totally baffled with all this and thinks that he is getting screwed royally. I've been through a divorce myself and it was never like this.

Can someone shed some light..cause he and I are thinking that she is working for His ex more and are these Ontario Laws for real?

thanks

[AtALoss]

Basically it doesnt matter how or why the marriage ended... as far as the courts are concerned it did. Now they are left to divid everything up.all is looked at 50/50. Assets & debts. The goal is equalization. What you BF lawyer is saying is most likely acurate. They use tabled amounts and so would a judge. she has in all likelihood enough years for long term support. But with that there comes the expectation that she may eventually be self sufficient.Two ways for that, earns enough money to equalize the situation or remarries/cohabitates. Now it would be the BF responsibiliy to challenge that in court if and when it occurs. As for her presently asking for $4000 it may well be unreasonable and she would need to seriously prove that she needs that amount.
Case in point a friend of mine, the Ex wife tied the same thing and the same amount. She also wanted CS for a 22yr old not in school. She held out for trial. The judge hauled them into chambers, read her the riot act and told her She was lucky that he was not making an order that she was to pay him support as SHE was the higher income earner. Bottom line... games dont work it the courts anymore. She can ask for the moon but doesnt mean she will get it.

[AtALoss]

Also between separation and actual divorce the parties are given the oportunity to settle up all they can before going to trial if they have to. So values get determined and where they can the lawyers would or should see that things get paid out. What ever is left if anything (ie a house) will get split at trial or the end of your process. talk with your lawyer about having a much done before hand, just makes it easier in the end. also note that some larger things may need to be held in trust ubtil that end. More a concern should be is that all the items of concern are being negotiated, payout will happen in the end and fairly done (50/50)

[Jennifer19807]

ATALoss: Thank you for you input.
His ex keeps trying to go after him for silly things, cars that she has before they met, furniture..
It just doesn't seem like his Lawyer cares about all the other details and nothing is being settled because when his Ex doesn't get what she wants she fires her Lawyer and moves on to the next and starts this whole process over again.

[AtALoss]

I would think too that all her jumping fron lawyer to lawyer will hurt her in the long run. She must think too she has lots of money to burn.

[Jennifer19807]

Doesn't look that way at all.

[AtALoss]

I dont think that the jumping about behaviour will sit well with a judge as it shows her for what she is and doing her reluctance to stick with one just because she doesnt get her way. Frankly the judge doesnt want to hear the games he will decided based on what the law tells him it should be.

Case in point one couple I know
She was with holding expecting to get $4000 in spousal the Judge gave her a reprimand and said consider yourself lucky that I dont have you pay him support as you are the higher earner. So it happens that Just because you ask does not mean you will get. Your not entitled.