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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96496
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My Ex and I have 2 boys (18 & 13) and we were divorced a year

Customer Question

My Ex and I have 2 boys (18 & 13) and we were divorced a year and a half ago; and it's not an amicable one. He will not answer any of my communication, and recently (June 14, 2015) our eldest son turned 18, and finished grade 12. He was one credit shy of graduating. He lives full time with his father, and our youngest son shares his time with both of us 50/50. Our 18 year old is not enrolled in post secondary education (as he didn't graduate), and my ex won't tell me whether or not he is registered for Grade 12+ next year. This is critical, as it will create a material change in child support if he is not registered for full time school. My options are to pay my lawyer to draft a motion to have our child support changed, or to do nothing. I can't afford to pay any more legal fees. Our divorce cost me almost $90K. What can I do to get this information I need?? Please help.....
Submitted: 1 year ago.
Category: Canada Family Law
Customer: replied 1 year ago.
Also, when our divorce was finalized in Jan of 2014 - we were sharing custody of both our boys 50/50, and child support was in the amount of $1000 monthly to me. His salary is aprox $115K and mine is imputed at $42K. There was a material change in support last October - 2014; our eldest son, Jack moved in with my ex fulltime - therefore there was a material change in support. My ex then started paying $386 per month. Based on this current material change of Jack turning 18 and not being enrolled in post secondary or any fulltime schooling, my ex should be paying closer to $690 monthly. It is significant enough for me to have something done, but I just can't pay any more lawyer fees.
Customer: replied 1 year ago.
He is a bully, and does not think he needs to respond to me, because he knows I can't afford to take him to court. Our divorce was settled out of court, and STILL cost me everything.
Expert:  Legal Ease replied 1 year ago.
Why not pay you lawyer to do one letter threatening court and then if you do need to go to court you can then self-represent. If your son needs one credit he is not likely going to be going to school full-time and so it may very well be the case that he is no longer, at least at this point, entitled to support.
Customer: replied 1 year ago.
Okay, thanks. Not exactly the max amount of information I requested. A bit disappointing, sorry.
Customer: replied 1 year ago.
I'd like my money back. Thanks.
Expert:  Legal Ease replied 1 year ago.
This is a conversation. It was my opening reply only. The idea is that we go up and back as much as you need to and then we stop only when you feel we are done.
Customer: replied 1 year ago.
Okay, that's fine...I just need you to understand that this a desperate plea, and I really do need as much help and information that you can give.
Expert:  Legal Ease replied 1 year ago.
I am a senior family lawyer and can provide all the information you need now and as you go through the process if that works for you. I cannot give actual advice but I can give you legal information when you need it. So if you need more information now just let me know what you need. If you feel that you will need information on an going basis then you should speak to customer service about getting a subscription. I don't know how that works myself but several of my regular customers have subscriptions and they ask me many questions regularly as they are self-representing.
Customer: replied 1 year ago.
Okay, what kinds of things can you tell me about self representation? I live in Guelph Ontario. Are there any free legal clinics I can use as a resource for help, advice and information?
Expert:  Legal Ease replied 1 year ago.
Yes there is. You can get some help for free (make an appointment first) at the Family Law Information Centre that is in the Courthouse. The other idea which is becoming very common in Ontario is to retain a lawyer on what is called a limited retainer agreement. How this works is you decide what you will do and what the lawyer will do. For example, you can say the lawyer can draft documents and then coach you but you attend all court appearances. Or the lawyer can just edit what you draft. Do you see what I mean?
Customer: replied 1 year ago.
Yes, that seems reasonable.
Expert:  Legal Ease replied 1 year ago.
Good.

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