Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 12-05-2018, 12:59 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 649
StillPaying has a little shameless behaviour in the past
Default Long Motions and Medical Disclosure

I wanted to share my experience, getting scammed out of our long motion, and ask for help with regards to disclosure.

I started the MTC to decrease support as per the review in our final order. At the DRO CC, my ex didn't file anything and was looking to adjourn. I explained my financial hardship situation and need to get to a motion asap, as FRO was starting to come after me. (As of review date, I stopped ss and kept paying the same cs)

They asked for disclosure from my accident settlement in return they would agree to suspend SS from review date until December 2018. Ex's lawyer wrote an agreement and I crossed out and made changes to it. Specifically that they could have all info related to my settlement but not my complete file like he was asking for. He said he was going to make the changes but came back with another copy of the original letter with my concerns noted on the side. He asked me to sign it with my ex's previous lawyer as my witness, saying he needed time to come up with the right words. DRO got a judge to sign off on it, but I specifically brought the issue up with DRO saying this is a delay tactic, that I should be signing a proper authorization letter now... but DRO just said, maybe he needs time to find the right words.

We scheduled a SC for January, with the understanding that I would bring a motion before that, which is why they only suspended SS until December. Ex's lawyer was claiming he's new to our file, so I agreed to give them 30 days before filing my motion and that I would do a long motion so we could be sure to have enough time to address everything. It was all agreed to, but only verbally.

I emailed ex's lawyer that day confirming what we talked about, waiting 30 days and then filing a long motion. Later he emailed factum requirements to me and I replied that the trial coordinator confirmed we could get on the November trial sittings for a long motion. 30 days later, I booked the date and served and filed all my material. A month later, after their marital was due, ex brought a 14b motion asking to adjourn our long motion which was denied. Exs lawyer then emailed me asking for an extension to file their material, and I agreed. A few hours later, I got a call from the trial coordinator saying ex's lawyer is there saying he never agreed or knew about this long motion, and she had to take us off the list.

She told me to file a 14b motion going back to the same judge to confirm whether his denial to adjourn meant that the long motion could continue as planned. I did that on Halloween. Now I just got the response that we missed the Nov sittings, this is not on consent, and I have to pay $500 costs. Such a scam.

I'm not sure what to do now, but I think I'll wait for our January SC and ensure I get a motion scheduled. My next issue is with their disclosure request.

Final order says exs only interest in my settlement is with regards to the future income replacement portion, so their only play is that everyone must be lying and I must have taken less income for more support. Leading up to our first trial, my ex constantly tried to get my full accident file which was always denied by the judge saying she only has a need for all financials.

I've given authorization for them to access all financial info and all info related to the settlement including communications, offers, negotiations, etc. But they again claim to need my full file from 2008 to 2015, including medical, psychologist, etc in order to determine my settlement.

I have nothing to hide so I'm not sure what to do. The info is irrelevant to my financials and was denied many times before. My only guess is that this is either another delay tactic or she's trying to go fishing for something to go after access... I'm not sure.

If I refuse to give it, it will just be used against me, since they're trying to say I agreed to it at the CC, and we will just be delayed longer. If I release my full insurance file, they can't say I'm hiding anything and can't delay.
Should I just release it or is there some reasons I'm not seeing on why this could be opening pandora's box?
Reply With Quote
  #2  
Old 12-06-2018, 01:09 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,509
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

As most of the problem you are having is technical stuff with the legal system I would recommend you hire a lawyer to help sort it all out.
Reply With Quote
  #3  
Old 12-06-2018, 01:47 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 649
StillPaying has a little shameless behaviour in the past
Default

Thanks for the response and I agree with you. If I could hire a lawyer I definitely would. I spoke to FLIC duty counsel this morning and they said the same thing. They can only help with procedural stuff, not appeals and nothing complicated; I should get a lawyer.

At this point, I'm going to go with the cost order as a $500 lesson on following the rules. While they talked about and wrote emails about it, I did not have the official "I consent to a long motion" email. They got to delay a little longer, and I'll be sure to delay the payment in return.

As to the disclosure of my complete 2008-2015 accident benefits file, I don't think it's worth the fight anymore. I've already provided all details about the settlement and they're just continuing to delay based on them needing my entire file to prove the settlement amounts. I can't think of any relevant negative side effects, so I'll just give them the file and book a motion the following month to finally deal with this.
Reply With Quote
  #4  
Old 12-06-2018, 10:32 PM
Gilligan Gilligan is offline
Senior Member
 
Join Date: Jan 2013
Posts: 283
Gilligan is on a distinguished road
Default

I can only speak from my experience. I have joint custody and equal access. My ex requested an increase in child support. To this day, I have no idea why ex can't work other than a letter from a walk in clinic and a letter from the insurance company years ago. The courts would not order disclosure and ex was never compelled to explain anything. Perhaps this is because my EX is female. Not there is any bias in the system.

Not sure that helps, but I would think that they are not entitled to it. But if you can document your ability to work currently and the long term, then maybe that is all you need.
Reply With Quote
  #5  
Old 12-06-2018, 11:13 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 649
StillPaying has a little shameless behaviour in the past
Default

You would have to go to trial and prove intentional unemployment, then your ex would be compelled to explain herself. I did that and my ex was imputed an income for offset support.

I agree that they are most likely not entitled to my complete accident file, but at this point I think the delay would be worse off for me. I'm on permanent disability, so my income is really straight forward. My ex is just looking for another chance to go after my settlement.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
A long hello SillyMe Introductions 20 05-16-2008 12:30 PM


All times are GMT -4. The time now is 03:55 AM.