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I was divorced in the early part of 2000 in the Ontario Supreme court. I am single and live in BC, ex is re-married, and has also moved to BC with one of our two children. The eldest stayed on in Ontario to attend university. I am paying child support, ex now wants extra ordinary expenses (university and living expenses). The ex is asking for me to pay all the expenses because of a "material change of circumstance". She has had an operation and can't work. At the time of the divorce, both parties had agreed that all court proceedings would take place in Ontario. However, I can't afford to fly to Ontario (much less hire a lawyer), and would like to represent myself in court. I've heard that it's possible to do so over the phone. Does anyone out there have more info? Thanks in advance
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Um... So you both live in BC but want to do court appearances in Ontario? -
We both now live in BC.
The separation agreement has clauses that say we will only use Ont as the juristiction.Comment
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not sure but is there a way to change that if you both agree??Originally posted by WC23 View PostComment
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Yes if she wanted to.....however her husband is a lawyer and practises in TO and also BC.Originally posted by standing on the sidelines View Post
Pretty sure ex would'nt do anything that would help me.Comment
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Would the court make me pay 100% of the cost of University? or would they ask her new husband for help.Originally posted by WC23 View Post
University expences are $25,157.00 per year plus $13,776.00 in CS = $38,933.00 That is almost my take home pay of $47612.77Comment
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they cannot take more than 60% of your income under any circumstances.Originally posted by WC23 View Post
it has been over 12 years, send her your last years T4 and show her that you cant afford to pay all that hopefully she will listen.Comment
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It's 12 yrs since your divorce. Wow this is an interesting situation. I would think the length of your marriage, age etc. would come into play in assessing your ex's change of circumstances. Remember the onus is on her to prove there is substantial change in her financial situation to warrant a change in any court order.
Court will likely not "ask for new husband to help" pay for your kid's education as it is not his responsibility.
I have heard of teleconferencing/court hearings for people living in the NWT and Yukon. You might want to check out some web sites for law firms there. Sometimes law firms in northern Canada have lawyers who fly back and forth regularly, representing many clients, and you might find some information through them.
I wish you good luck with your case. I think your ex has an uphill battle in that having a husband as a lawyer may certainly reduce some of her litigation charges, she might very well be put under a closer magnifying glass by the justice that hears your pleadings. You can pray that the husband is stupid enough to represent her!
Good luck.Comment
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Forgot to ask - what university is this? Very high tuition. Post graduate?
Nice dad!Comment
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probabally the son is becoming a lawyer and (hopefully) plans on suing his mom for being a B lolOriginally posted by arabian View PostComment
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First of all, as the child in university didn't move out west to continue residing with your ex, you could argue that you no longer need to pay her CS for him. Possibly you could pay it directly to the child instead to help with living expenses, which would reduce the university expenses portion.Originally posted by WC23 View Post
Secondly, tuition is usually done by thirds (one third paid by the child, and the remaining two thirds by the parents proportional to income) so the most you'd be responsible for is two thirds of those expenses.
Thirdly, your ex cannot report an income of zero. Even if she cannot work at her same job, she's still supporting herself somehow. If she was still single, she'd have EI or welfare or disability income or be drawing from her pension or something. She'd be being retrained to a new job that the operation doesn't interfere with to support herself. You have an income imputed to her at the amount she could/should have coming in if she were single. The fact that in reality it comes from her husband and not her own efforts is irrelevant.
Lastly, if none of those alteratives work, you may have a case for financial hardship, which would bring the incomes of both your new partners into the picture. As you have pointed out, it's pretty impossible to survive on what you'd have left after CS and a reasonable share of tuition.Comment
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While I have read the case that supports this, I would be cautious about considering it a rule. Extra-ordinary expenses can depend on other factors, including the income of the parties and reasonableness of the expense.Secondly, tuition is usually done by thirds (one third paid by the child, and the remaining two thirds by the parents proportional to income) so the most you'd be responsible for is two thirds of those expenses.
To the OP; If both of you are resident in BC, with one child, then I would suspect that the BC courts would maintain jurisdiction, notwithstanding the clause in the contract. However, having no experience with the family courts in BC, I would suggest talking to a duty counsel at the court house who will give you free legal information to push you in the right direction.Comment
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B.C to ONT
I reside in B.C and the mother of my one young child reside in ONT after she departed there without my consent. I have attended court in ONT jurisdiction on 7 occasions, I know it is possible to phone conference and the staff at the particular court house where i have had to go have been super helpful with all the forms etc..., hopefully your court house would be the same.
Flights to Toronto came often come in on WJ below 500 return with seat sales, i suggest to attempt to attend
RavenComment
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university of TComment
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