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Well we had the appeal date today and the judge allowed her

to restore her appeal. She...
Well we had the appeal date today and the judge allowed her to restore her appeal. She had the 200 dollars she had to pay waved. The judge did tell her she has til Sept 25 to appeal and if she is late and is she is even 10 minutes late in court he it will be over. He had enough of her being late. Then it will be hear in December. He told my husband he understood what he has been through with this lengthy litigation , and he did tell him it will be over in December, this he promised him. The judge understood that she is vexatious but still restored her right to appeal. So my question is....what now? Does she go ahead and get her paperwork done? She said she didn't have the 170.00 dollars for the transcripts and will be getting them, so like I said she has til the 25 of Septmeber. Why did he give her the right to restore the appeal? Is it just the law, cause he has to. She wants the judge charged with misconduct. I don't get it. Any explanations would be very helpful!!
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Answered in 2 hours by:
8/28/2013
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,533
Experience: Lawyer
Verified

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

There is no clear reason as to why the Judge did this but it is hard for a Court to deny someone's day in Court.

Debra Thal :

So I think Judges would prefer to err on the side of caution in a case like this.

Debra Thal :

But this is clearly her very last chance>

Customer :

Even when they read all the bull she has filed in her affidavit? Sorry, this is all so discouraging. My husband has not missed one child support payment, and she continues to run to court every 2 months, like I said it's just so discouraging. He agreed with my husband that she is vexacious, and he said he did feel for my husband being brought to court so often, but he did promise him that it would be over in December, whatever that meant, but she has until September 25 to get her paper work done.

Customer :

P.S. Thanks for always answering my questions, I feel comfortable with you since I have had you from the beginning

Debra Thal :

I am always happy to help.

Debra Thal :

But you should actually put my name into the subject line so all your questions will always be answered by me.

Debra Thal :

I think the Judge means is this is her very last kick of the can.

Debra Thal :

And then it will be done.

Debra Thal :

And the Judge has no sympathy for her and she is hurting herself in the Judge's eyes each time she does this.

Customer :

I guess I just picture everything the case management judge ordered being quashed as she puts it in her appeal letter. You honestly think the appeal jusde would go against the case management judge, and say she wins the appeal? Do we have to start over? Would my husband have to give her back the cost award against her that was given to my husband? Sorry Debra, I just have so many questions

Debra Thal :

No

Debra Thal :

I don't think she will win at all.

Debra Thal :

I think this is about to end as the Judge said.

Customer :

I just want to explain a few more things , so I apologize if this is long. We had to mortgage our house to pay 50.000 dollars in lawyer fees, and we cannot afford a lawyer, and you have helped me alot.She is arguing that she was not given a retro active award, she is arguing the delays,she is alleging a pattern of prejudices,bias, and impatialities.y husband lawyer mad an error in calculating retroactive payments to her. We went back to court and the judge accepted that the lawyer made this error, and corrected it. This correction caused her to have to pay back 2000.00 dollars to my husband. My husband was given a 5000.00 dollar cost award, but because of the lawyers error, he deducted the cost award by 1000.00 dollars , therefore making rhe cost award 4000,00 dollars. She went back to case management and told the judge that my husband owed 900.00 dollars due to child support increase, which no one was aware that there was an increase. She waited a year to bring this up and the 900 dollars was duducted from the cost award, she is appealing this also, she is saying the judge failed to impose deadlines, that the judge extended a timeline for my husband. , errors in orders, and on and on.Can you explain the appeal process now, what happens now that she has been granted the right to appeal. She has til September 25th, does my husband reply to whatever documents she files? What happens when it's heard in December?

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,533
Experience: Lawyer
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Customer reply replied 4 years ago


Well apparently he is going to go get English and math cause he wants to be a cook, then go to cooking school. Is that considered full time if he goes only for those 2 subjects or does he have to take more subjects than only 2.


I want to know if there is anything we can do to get this woman mentally evaluated. She was mentally evaluated when they took her children away and found she was a waco

Two courses is not full-time.

You cannot get her evaluated.

But that's OK in the end the kids will see what she is like and she will lose all around.

But he's not entitled to support at this point.

If he enrolls in a full-time course at a community college then support would start again.
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Customer reply replied 4 years ago


Morning Debra:


Well it looks like he has enrolled full time. Looks like he wants to be a cook. So I guess if he passes his marks this year and decides to go to cooking school my husband still has to pay child support. He does not have to pay for his cooking course does he?


I'm not stressing over the child support as much as her taking us to court for every little thing, and this appeal thing she is applying for. It's just everything else that is stressful.


New principal at school and she did send us his marks. We won't be able to get them from the school when he turns 18 next week, so do we take him to court to turn over his report cards every month as we would like?

You won't have to take him to Court each month.

He will be ordered by the Court to provide the reports or he won't get support.

But it's not going to be every month.

You would get the reports that are done by the school but no school does monthly reports.

You can ask for monthly attendance if that is what you mean.

Both parents have to contribute to the course in proportion to their respective incomes.
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Customer reply replied 4 years ago


So my husband has to pay child support AND contribute to the course? Well he will be contributing more than she will because she says she only makes 8000 dollars a year

If the child lives at home and not away at school then he continues to pay child support.

If the child lives at school during the school year then the child support would likely be reduced to 1/3 of the regular amount if the child is away 8 months of the year.

Both parents contribute to tuition, books and equipment, other fees, room and board if the child goes away, living expenses if the child goes away.

And they do so in proportion to their respective incomes.

The child is expect to apply for all bursaries, scholarships and any governmental funding/loans if the child is eligible for these various forms of assistance.
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Customer reply replied 4 years ago

Morning Debra: Besides all this stuff going on with this woman, her oldest son lives with us. My husband had custody of him and when he turned 14 he ran to his moms. My hubby had to pay a few months of child support for him because she took him to court for money. She never paid a dime when the kid was with my hubby.


Anyways, the kid is no longer a child of the marriage, has been working for his dad for 2 years and is 20 in February. He did quit school and she keeps threatening that she will make him go finish school so my husband has to pay her child support. If he ends up there again. Right now he is here, and the only reason I allow him here is to avoid any troubles with her. The kid spends all his money in a matter of days, does drugs, gets drunk and comes and goes how he pleases. Is there any chance that if I kick him out and he runs back to his mother that she can get us for child support for him if he goes back to school?

If he lives with her and attends school full-time you will likely have to pay support again.
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Customer reply replied 4 years ago


Even is he's been out of school and working 2 years?

Quite possibly.

The goal of our society and the courts is to get the child educated.
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Debra
Debra
Debra, Lawyer
Category: Canada Law
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