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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 07-29-2020, 01:35 PM
SadAndTired SadAndTired is offline
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Default Lawyer "Not entertaining further communication" with self rep??

Hi everyone.

I have attached the email I sent to the ex (as we have settled everything previous out of court and I thought we could do the same with this.) I have asked him several times to negotiate a small amount of support while oldest daughter is away at school.

Then I attached the email from his lawyer.

If I self rep and cannot communicate directly with ex and cannot communicate with the lawyer, what the heck do I do? LOL. Would this include normal coparenting stuff?

What "other remedies" can there be if I send ex an email in the future? What if he emails me first? What if I have section 7 receipts?? The whole thing is stupid.

Please read the attachments and let me know what your response would be.
Attached Images
File Type: jpg My Email.jpg (96.4 KB, 24 views)

Last edited by mcdreamy; 07-29-2020 at 09:52 PM.
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  #2  
Old 07-29-2020, 01:43 PM
Kinso Kinso is online now
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(I'm editing my earlier post as I double checked the history here).

There are a number of missing pieces here. On one hand your said there is an amended agreement which is not being honoured. However, it's clear they think there is no agreement that is worthy of enforcement. Their correspondence indicates they think their client is paying the proper amount of support and you're the one who wishes to change it.

I don't think there's enough information to comment on properly.

Last edited by Kinso; 07-29-2020 at 01:48 PM.
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Old 07-29-2020, 01:49 PM
SadAndTired SadAndTired is offline
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The legal basis is we have an agreement that he will pay support for two child in the amount of $4500 a month. University expenses can be paid directly to the institution.

No other agreement exists and oldest went to uni away from home from Sept to March when she came home for Covid and has been doing full time online from home.

Ex thinks $1, 000 for oldest while home and nothing during school year is fine and sent me a letter from his lawyer saying that the letter and his decision is good enough to change the amount. He has not offered a new amendment.

He paid $0 for oldest from Sept to March but did pay the majority of his 80% of school expenses.

He also says "he won't have as much money for September to pay his 80% of university because of Covid.
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Old 07-29-2020, 01:50 PM
Kinso Kinso is online now
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I see, so he is unilaterally changing the terms of the agreement.

Then filing with FRO is correct. Threatening to file with FRO isn't going to get you anywhere.
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Old 07-29-2020, 01:53 PM
SadAndTired SadAndTired is offline
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I guess that is my question Kinso. If he has any sort of recourse if I file a legally correct agreement. His lawyer is a bulldog. I will file with FRO. I wasn't threatening to file. I really don't want to and was trying to avoid it.

My biggest question is the communication part though.

Last edited by SadAndTired; 07-29-2020 at 01:57 PM.
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Old 07-29-2020, 01:54 PM
Kinso Kinso is online now
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His recourse is to file a motion to change the agreement. If the court later determines the agreement was out of date or its terms were unreasonable, you could be liable for legal costs.

I understand your intention, but they're framing your good act as something bad.
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Old 07-29-2020, 02:10 PM
rockscan rockscan is offline
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He pays his lawyer to be aggressive. Remember that.

In your first sentence you said you are trying to secure counsel which the lawyer would prefer to deal with because judges dont like when self reps get beat up on.

Your response to his lawyer is as follows (in my opinion)...

Thank you for your email.

As per the attached (attach your agreement), your client and I reached an agreement on DATE for cs and spousal support in the monthly amount of xxx. On DATE, your client unilaterally changed his monthly child support amount. We did not agree on this amount and based on his income of abc, he currently owes yyyy in arrears for that period to date.

Our oldest child is continuing in post secondary attending school online while living at home. As such, full table support is owed for both children at the amount of zzz monthly effective DATE.

______

Dont get into spousal or what you think he owes. The tables are based on eligibility and income. File your agreement with FRO and stop being cordial.
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  #8  
Old 07-29-2020, 02:32 PM
tilt tilt is offline
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It was out of line for the lawyer to say they will no longer communicate with you, and will only communicate with your lawyer when you hire one. If it goes before a judge you can highlight that line. You can remind the lawyer that you expect them to follow 7.2-4 of the Rules as well as respond to your communication in accordance with 7.2-5. (Under the Rules, you are considered a Lawyer when self-rep and thus must be responded to professionally - which may be in a tone bordering on rude, but they cant say they wont communicate at all with you). Your communication should be brief and professional from now on, 100%. You alleged insufficient disclosure - fill out a Form 20 listing what you require and attach to an email that pretty much just says please see attached. Forms tend to take the emotion out what you are trying to communicate. Dont contact the ex again and only contact his lawyer, as directed. Dont respond to any of the lawyers emails until 24 hours has gone by and let any draft sit for a few hours before re-reading. There isnt much that can be done about that type of lawyer, although it is a known problem there just isnt appetite in the self-regulated world of lawyers to police themselves on behalf of people who dont give them money.

https://representingyourselfcanada.c...osing-counsel/
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  #9  
Old 07-29-2020, 03:10 PM
LovingDad1234 LovingDad1234 is online now
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If you are "self-repping" then technically YOU are your own lawyer. Lawyers negotiate with other lawyers. Your ex's lawyer is representing him, and you are representing yourself. Therefore, you do not communicate with your ex, you communicate with his lawyer. Yes, that will add to his legal bills but he is choosing to be represented by a lawyer. And the Law Society rules indicate that lawyers must work with one another as officers of the court to try to resolve disputes before the court, etc...
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Old 07-29-2020, 09:52 PM
seeker101 seeker101 is offline
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I self rep and there was a period of about 3-4 weeks when opposing counsel stopped all communication with me. She probably did it at the behest of her client.

I put these details in my settlement conference brief and requested the judge to remind the opposing lawyer that she is obligated to communicate with me as a professional business practice.

Although the judge didn't bring it up but the lawyer did not repeat this BS with me again.

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