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Okay thank-you. I have a few more things I want to tell you, this may be long so I apologize. We remortgaged out house because we owed the lawyer 50,000 dollars and did not have that kind of money to pay a lawyer, so I thank-you very much for your help, it means a lot. I want to explain a few more things to you regarding her appeal. In her appeal letter she had 82 paragraphs she is appealing I will mention a few of them in brief. She is appealing failure on the judges part to cure non-compliance on behalf of my husband, failure to place burden of proof on my husband, failure to impose deadlines and timelines, permitting my husbands lawyer to use private information from DRO,failure to determine that someone else provided support for the youngest child, and so on, in my opinion all bull. The judge granted my husband 5000,00 dollars in court costs. The lawyer made an error in calculations and when he noticed the error, set up another case management meeting. The judge agreed that the lawyer made an error and corrected it, because of this she now owed my husband 2100.00 dollars. the judge tool 1000.00 dollars off the 5000,00 dollars she owed my husband in court costs, so now it was 4000,00 instead of 5000,00 dollars. She is also appealing the mistake the lawyer made in calculations. I just wanted to let you know a few of the things she is appealing. So she has til September 25th to file her appeal and them it goes to court in December. So what happens now? Does my husband have to reply to every document she serves him with? Any info you can give me would be of great help, since we cannot afford a lawyer and I don't want my husband missing anything hear. Thanks and again sorry for the length of this
Thank-you. I'm talking about my husbands lawyer, sorry I should have explained better. She did not have a lawyer, she has an issue with my husbands lawyer, she hated him
What do you mean by that last comment where you say it matters if the judge erred
Sorry I didn't understand what u meant my the last paragraph where u say the judge seems to have implied this will be done with soon, etc.
Morning debra, I have another question that I hope you can help me with. I know this court case with her will never be over because she will continue to go to court. The eldest son came back yesterday after staying for months with her. he is 19. He was giving her rent money,and she was complaining to him that if he came back here, she would be ruined financially, so in order to continue getting money she has enrolled the almost 18 year old back in school. He finished grade 12 and apparently did not do well in school. So how does this work? In order for my husband to continue paying child support , can the child go back to school after finishing grade 12 and still get child support?
So it would be going back to school for upgrading? Geez thought this would be over soon, but from the looks of it, it will go on and on and on. That doesn't bother me much, what does bother me is this psycho bitch!!! I want this over, because until it is,,I don't have a life!!
Hi Debra: It looks like she registered him in school, but he has been failing his subjects since grade 9. He can actually go back and retake those subjects and my husband would still have to pay child support? He will be 18 September 25th of this year. He wasn't even going to go back to school but she said since the eldest kid moved back with us and wasn't paying her rent, it would ruin her financially and she made him go back. The eldest is working for my husband.
My husband is going to send MEP an application to stop child support since she was ordered to give my husband all the attendance and report cards, and she hasn't , so he says he will stop sending her money until she goes back to court.She can just tell MEP that he is going to school full time, or she can get the principal to say he is going full time even though he is not. I have heard many stories about this happening to others But because she was granted this appeal, she needs to take care of that first. She needs to get her paperwork in by September 25th and then it will be heard December.
I'm sorry but the law isn't fair. Even though he hasn't passed most of his subjects since grade 9? He can actually go back after grade 12 and say he wants to retake the subjects he has failed, so she can get child support for another year? Not fair at all.
She was ordered to give all that information to my husband 2 years ago and has not. So I guess my husband is right to cancel support when he turns 18 and maybe then she will hand over the school information
What is your opinion on the next step we should take since she has not supplied us with report cards? Court order was in 2011, which stated that she was to supply us with the childs attendance and report cards. then again, about 3 months ago at the case management meeting, where the judge told her to tell the principal of the school to email my husband.
We tried talking to the principal, but he said he does not get involved in these kinds of disputes and told my husband unless she gave him permission to talk to my husband about the child , he would not give my husband any information. We told him it was a court order and he still refused. Our lawyer at the time, left the principal a message, but his call was not returned.
A copy of the court order was sent to him and to the school board , and nothing was resolved.
Would you just cancel the child support payments after the childs birthday , so she would be forced to go back to court to supply attendance records and report cards for the years she did not supply them?
My husband continues to believe that you don't pay child support for a child that is 18 and has finished his grade twelve and goes back for upgrading. He says that he can keep going back to school til he is 21 and get no where with his education. He does have a point there.
They doubled charged me, charged me twice!!!
It seems you don't understand, if the 19 year old kid, has already been deemed to be "'not a child of the marriage'' and decides to go back to his mothers and enroll in school for upgrading seeing as he only has a grade 10 education then how is it that he would be responsible for child support?
So if a kid is 20 years old and taking grade 10 subjects, how is that a full time student
Not sure if I'm asking this question in the proper area. We received her copy of the appeal . It is put in a certain format , bound pages, cover is red. She has not supplied her transcripts yet, is that allowed to supply transcripts at a later date? I would like to know if we have to reply , we just received it yesterday. If we do have to reply, do we put it in the same format? This is confusing
She is appealing, wants to charge the judge with misconduct and asking for the court charge made against her returned, that my husband be held in contempt for not providing full disclosure (which he has) She is asking for retro child support which he was not ordered to pay, he paid child support for the youngest child from when the dna tests came back showing it was his son. She wants myhusband to pay her costs.
Is this allowed in an appeal?
Do you know if it is to be put in the same format she put it in? She's appealing, why do we have to go through all of this?
Well we didn't get served with this document,it was just in the mail. My husband says he is not replying to it, it doesn't include the transcripts