Case conference prep

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justcurioustoknow

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hey sorry wasn't sure if this was the right place to ask but it does have to do with finances.

Just wondering about something the lawyer said the other day. To make it short - recipient owes $15k as per the NFP and the applicant owes $21k in debt to the recipient for outstanding bills. This is supposed to be paid through settlement.

So the applicant still owes $6k to the recipient after the NFP - can this outstanding debt of $6k be used towards the spousal or do these funds just become "non existent"? This is basically what the lawyer said (non existent) but $6k seems like an awful lot to just write off and still be expected to pay spousal on top of that at around $5k (short-term marriage and that is middle ground).

I'm not even sure what the point of a case conference is since it is such a small amount. House has been sold and no children involved and that just seems like a complete waste of time and money for both parties.

Does proof of this debt need to be taken to the case conference - ie will the judge ask to look at these docs and what else is needed from the recipients end to provide for a cc.

I thank you for your help. Wish I had more knowledge to help on this board. I read it all the time and you are very good in the way of offering advice/help to people.
 
will the judge ask to look at these docs
Click to expand...
No. The case conference facilitates discussion between the parties, allows for orders pertaining to disclosure and hopefully brings the parties closer to a settlement of the case.
 
What do you have left to settle?
Has spousal entitlement/amount/length been determined?
Is the 21k debt in dispute? If so, the case conference judge might just order financial disclosure. (you can order a free copy of your credit report from TransUnion to show all personal and joint debt).

If it is agreed that NFP is 15k, debt is 21k, and ss is $5k... then yes, the judge should just be able to order a payment of $1k to even everyone off.
 
thanks so much both answers help.

there is nothing really left to settle. Divorcemate was done at approx $70 month for 3-5 years?

no question about the $21k. They just keep adjusting the figures on nfp to try and bring up what the recipient owes to try to erase the applicants debt (have found several mistakes and had them corrected).
 
Not sure what you mean proven (sorry)

It was a number the lawyer gaved based on a few years commonlaw and 2 of marriage.

Is that something a judge decides? Wasn't sure if it was just a given she would get it
 
It would depend on a bunch of things.
Does she work?
Did she work?
Is she educated?
Did she give up her job to better the family?
Are you making considerably more money than her?
Is she able to be self sufficient?

For such a short marriage it would be hard to claim entitlement. If anything it would be a very small amount for a very small time.
 
Hey

Yes she is educated, works, never left her job there are no kids, she makes about 10k less

Just wondered as lawyer is saying he will have to pay. Case conference is like 5k what a waste!
 
What is your lawyer's reason for her entitlement?

The marriage did not affect her income in any way. She is no worse off, rather she gained several years of experience during the marriage.

Divorcemate or mysupportcalculator may show a number for spousal, but there needs to be entitlement in order to get it. I don't see that here.

You know the NFP and you know the debt... I don't understand what's left to argue about. You'll pay the lawyer $5k for a case conference which might not accomplish anything, in order to save $5k in spousal which you shouldn't have to pay. Offer her $2k and a lotto ticket and walk away now...
 
Welp they want close to 10k. She's saying she's not making as much as the nfp shows (bs we have (t4's etc) refusing to pay reno costs that were needed to sell house and reimburse other money she took. I just don't get how its ok for those things to keep changing. Lawyer saying make offer because if it goes to conference it will cost more. Makes me so sad/angry but washing my hands of it.
 
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