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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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I continued the discussion in chat, not sure if you will reply

This answer was rated:

I continued the discussion in chat, not sure if you will reply from there, or if I have to ask you questions here
The Internet is down in my area. I am answering over my phone. So I can try and answer by posting up and back but cannot chat at this time.
Customer: replied 4 years ago.

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

There is no grounds for her appealing with respect to a lawyer's mistakes.

If her lawyer made a mistake she sues her lawyer.

The only way she can win an appeal is to show the Judge made errors of law. She is not likely able to do that.

Your husband does not have to reply to any of her documents. He has to reply to her application for the appeal and I think he did that but I am not positive.

Don't ever feel you need to apologize to me!!
Customer: replied 4 years ago.

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


That's fine. Everyone hates the other side's lawyer. Everyone.

But it's only if the Judge erred that matters here.
Customer: replied 4 years ago.

What do you mean by that last comment where you say it matters if the judge erred

People don't like decisions all the time. And each side thinks the other side is wrong.

But to win an appeal she has to show that the Judge made an error in law.

And her rantings and ravings about anything else do not matter.

And even minor possible errors are not going to help her.

The Judge seems to have implied this will be done with soon. I think that's a good sign.
Customer: replied 4 years ago.

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.

The Judge says this will all be over in November. I think the Judge is letting her say her piece but knows she is not going to succeed.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

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?

Yes he can so long as he is attending school full-time and this must be proven.

Just as an aside, I should have asked you to start a new post for the new question but since you are on a subscription I don't think it should matter.

But please be sure to rate my new answer to the new question so I can get paid.

Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

Your post is blank.

Please try again.
Customer: replied 4 years ago.

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!!

She is horrendous but eventually this will surely end.

He must be taking a full coarse load so check that out for sure.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

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.

She will have to prove that the child is going to school full-time.

The Court will require this without a doubt.
Customer: replied 4 years ago.

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.

The law isn't about that.

The law reflects our societal norms which is that we want our kids to be as educated as possible and certainly want all the kids to at least get their high school diplomas.

So if he is actually going to go to school full-time then he will get support.

But if this is just a ploy you can get a court order that he provide his attendance record to his father monthly and that the school be directed to give all information the father asks to the father.

And if he stops attending the support would stop.
Customer: replied 4 years ago.

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

Unless the order states he can stop he doesn't have the right to stop. He has the right to seek to vary the Order in Court.

And as the order is registered with MEP they are most assuredly going to say he has to seek to vary the order.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.

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.

The principal should know better.

It's not about getting involved in disputes. It's about knowing the law.

The law is that access includes access to school records etc.

And the principal was told about the order.

So she can be found in contempt.

And the order should be send to the school board with an explanation of why the board needs to get involved and the board should be told the principal has refused to provide the information despite the order.
Customer: replied 4 years ago.

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?


There is a Court order.

He cannot breach the Order.

He has to seek to vary it.
Customer: replied 4 years ago.

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.


Your husband is missing the point.

He has to be enrolled in school full-time and attending full-time and it has to be bona fide so he cannot keep upgrading. That is not how the school system or legal system work.

So if he enrolls for another year full-time he cannot do another year of upgrading. The Court will stop the support then and the school would not allow it.

But he can do this year to upgrade and the go to college or university and will absolutely be entitled to child support for at least that first degree, so long as he goes full-time.
I am a bit puzzled by something.

I was just informed that you asked for a refund on the other post.

I am not sure what happened.

The refund request not only means that comes out of my pocket but hurts my stats with the site.

I am puzzled as it seems you are still happy to work with me on this post.

Can you let me know what happened?

Customer: replied 3 years ago.

They doubled charged me, charged me twice!!!

Each time you rate my answer I get paid.

Each time you rate my answer you pay the site unless you have a subscription.

But from what I can see you do have a subscription.

So I don't know what happened.

I will have someone from the administration look into it.
Customer: replied 3 years ago.

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?

He would become a child of the marriage again.

He has to attend school full-time though and not just for a course or two.
Customer: replied 3 years ago.

So if a kid is 20 years old and taking grade 10 subjects, how is that a full time student

If he is enrolled in a full-time program and attends full-time then he is a full-time student.

He would likely have to take at least 5 if not 6 courses.
Customer: replied 3 years ago.

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

I can't access all the other posts right now.

Please remind me if you are appealing or she is.

Customer: replied 3 years ago.

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?

You need to put in a reply for sure.

She can only ask for the costs for the appeal and will get them if she wins.

I don't know the answer about the transcripts but you can call the court and ask about their procedure as it's a bit different in the different courts.
Customer: replied 3 years ago.

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?

Because you have to tell the court why she's wrong.

If you don't contest what she is asking for she will win by default.

Yes it has to be in the same format.
Customer: replied 3 years ago.

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

He will lose the appeal if he doesn't put in a reply on time.