adultery, affair, Betrayal, children, court, divorce, Family Law, infidelity, legal obligations, marriage, pets, the other woman, Uncategorized

It is about Fair Compensation, Not Winning

I guess last week’s court ruling didn’t phase Dave.  The court orders were sent to his lawyer and Dave still has not provided me with the support arrears payment or my court costs.

Instead, Dave sent me an email telling me that we have “a fundamental difference of opinion”.  He plans to continue to fight me in court with respect to refusing to pay any pet expenses.  He believes that his support payments should cover those expenses and even though he agreed in mediation to pay 50% of the pet expenses he wants a court to rule.

He believes that the same holds true for our daughter’s dance expenses.  He wrote that he agrees to pay for 70% of her “dance lessons” (even though our mediation agreement says “dance expenses”). But Dave doesn’t want to pay any portion of her dance shoes (she can’t participate unless she wears proper footwear in each class–ballet shoes, pointe shoes, tap shoes, hip hop shoes, jazz shoes, and foot undies for Lyrical).  Plus our daughter is enrolled in competitive dance classes. Dave doesn’t want to pay any portion of the competition or festival fees, or any travel expenses to get her to the competitions. And yet, when we signed her up he knew all of these expenses are part of our daughter taking dance.  This is her 7th year dancing at this studio so it isn’t a sudden surprise we have to pay for these things.

Why does a parent pay for all of these things when they are part of a family without any issue yet when they decide to fool around and leave the family they feel their kids should do without? Did they every love their child? I don’t believe Dave ever did love our children more than he loves himself.

It isn’t a financial issue.  I saw his bank account balance in his court documentation.  He can certainly afford to pay.  His dividend cheque alone that he deposited for one month is more than my entire year income by 1 1/2 times and he will have another one in a couple of months. I have managed to pay these expenses without going into debt but it has meant me and my children had to do without in other areas. It has been a 3 year struggle. I try to spend wisely and cautiously and I abhor the wasteful cost of having to fight for our rights. I can’t afford the alternative either.  The Divorcemate calculations are tested and considered fair and equal to both parents based on their earnings.  Dave doesn’t want to do without for himself and I wonder how much influence the Other Woman is applying.

He wrote to me today saying that “the court speaks clearly” on these items and “it’s not that complicated.” I believe this to be true, in our child’s favour and our pets’ favour, not his.  My lawyer doesn’t go to court to lose and she is very mindful of my financial situation. We have accepted chiselled down reimbursement by Dave every time in the interest of avoiding court and its costs but I cannot be taken advantage of by him any further and this is the only way to put an end to it.

Then Dave added:  “The reality is that there is no negotiation with you. You want to win. So you end up submitting ridiculous expenses like $5.49 for this or that. Or even the fact that you mention the expenses are now being divided 71-29 rather than the current 70-30 and I will owe extra. It’s so ridiculous and counterproductive. That’s why nothing ever gets done with you. You take silly positions and then spend thousands on your lawyer for what? Just so you can say you won? But in the end you’re paying thousands out that could be used for many other things.”

This is the exact thing I would say back to him. I have no idea what he thinks there is to win.  I just want fair compensation.

He sums up his email as follows:  “So while I appreciate the “offer to negotiate” with you, the past has spoken very clearly that isn’t something you really want to do unless you get everything you demand. You’ve proven to be unreasonable and submitting unending expenses regardless of the value. I’m tired of this constant badgering and so I’m left with no choice but to let the courts decide what is or isn’t reasonable.”

I find it so interesting that he is trying to make me look like the bad person just for submitting expenses to him that he agreed to pay because he considers the amount to be too minor.  That shows that money is not a concern to him and that it is a day-to-day worry for me.  There will be an end to the expenses at some point in time but currently we share pets together and our daughter participates in dance so there will be ongoing expenses. David should have expected that when he agreed to adopt 3 pets into our family and when he decided to have children. I appreciate that he has decided to leave the family and it would be much more convenient if he could just continue to run away from his responsibilities associated with his family, too.

Dave feels badgered simply because there are consequences to his actions that he prefers to ignore.  He is now being held accountability for his failure to honour agreements, take care of his responsibilities, follow court rules, pay bills and for making stupid decisions in his life.  Dave’s decision to just let the courts decide saves him from having to own his life decisions and accept the consequences now. He will avoid, delay and refuse for as long as that works for him. When he loses he will just blame the courts, his lawyer and he will continue to blame me.

 

 

 

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adultery, affair, breach of contract, cheating, child support, children, control, court, divorce, Family Law, infidelity, lawyer, legal process, marriage, separatiion, spousal support

Back to Business

We were supposed to go to court on December 17, 2015 but Dave’s lawyer pushed it into the new year. We are scheduled to appear on January 20, 2016.

Dave owes me more than $11,000 from July 1 – December 31, 2015 for spousal and child support as well as pet expenses.  The amount is based on a formula as per our income tax figures and the amount agreed upon as per our mediation agreement but he chooses not to pay. I need the court order to enforce payment.

My name is on our older daughter’s school account that Dave was responsible to pay from September 2014 to June 2015.  The bill is for  incidentals, not tuition. She was living with him at that time.  He hasn’t paid a dime. When she lived with me for the 2 years she incurred these expenses I paid them 100% with no child support. That amount is now $1229.88.

There are a few other things we are requesting.

There isn’t a whole lot more you can do when you have an agreement with someone who has zero integrity. I wish I had never wasted time, energy, and money with the Collaborative process or mediation.  You have to know who you are fighting against and a court decision is the only hope that I have in putting an end to my ex’s game playing  with my finances and putting an end to our marriage officially.

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adultery, affair, British Columbia, cheating, divorce, ex spouse, Family Law, legal system, separation agreement

Consent Order

I have given my lawyer all the receipts that my ex has failed to reimburse. Given the difficulties that I am experiencing with respect to reimbursement she has advised that an enforceable court order is required. I am only asking for reimbursement of items that we agreed to in mediation.  I sent him an email today to confirm his position.  This was his response:
“There is no failure to honour our agreement? I chose to pay those expenses you had incurred at mediation to resolve the issue. There was no agreement that going forward those expenses would be reimbursed.   You receive spousal support and within that you have to make due with whatever expenses you choose to incur. You claim to the girls you have no money but yet you’re going away this upcoming weekend?? Maybe you should focus your efforts on unpacking boxes and getting your new home in order rather than emailing me incessantly. Move on with your life and stop trying to get me to pay every little thing here and there. I have never asked you to contribute to anything but you are always asking me to pay for some little thing here and there. I pay my support on time and in full. You say you want nothing to do with me, so please don’t. Stop contacting me. If there is something that was a legitimate expense, then email or regular mail it. You don’t have to see me or drop off things to me. There’s no reason other than something to do with our kids that you need to have any contact with me.”
My ex’s lawyer is away on vacation for 2 weeks.  He is aware this is how we are proceeding.  He told my lawyer that if I proceed to get a court order then my ex will request a restraining order against me from attending his work.  We are fine with this.  The only reason I have ever attended his work (twice in the last 2 1/2 years) is to drop off expenses. The first time I attended his office with receipts my scanner wasn’t working and this most recent time my scanner is still packed in a box somewhere. Regardless of him receiving receipts, he isn’t paying.
We will write my ex’s lawyer our position in 2 weeks upon his return from vacation.  Failing a response that my ex agrees to give a Consent Order, we are immediately filing an application in court.
I just reviewed the mediation agreement and it is very clear that pet expenses were not an “interim expense pending the sale of the house” as some things in our mediation agreement were written up under this category. Even my ex’s lawyer, when he wrote up the good copy of the separation agreement based on the mediation agreement, wrote up a 50/50 split of pet expenses.  My lawyer indicates that pets are treated like children in family law.
We are applying to have the anticipated future expenses added on to the spousal/child support payments so I don’t have to finance my ex’s share or chase him down for reimbursement.  I can then provide the order to Family Maintenance and they will collect the monthly amount from my ex and provide it to me.  They do the chasing down and they have procedures in place to enforce payment.  It gives me an even further distance from my ex as I don’t even have to get a monthly etransfer notice from him.  The sum is directly deposited into my account by Family Maintenance.
The order is also to ensure we get full disclosure from my ex.  He still hasn’t provided his 2014 tax return. Therefore, the spousal and child support amounts are inaccurate. His lawyer promised it in June and is now promising it again in August.  Filing tax returns in Canada is considered late and penalties are imposed if your return is not filed by April 30. Avoiding, delaying and refusing has been the same old pattern we have experienced for the past 2 years.  They are also refusing to provide my ex’s banking information saying it is not relevant when in fact we have a very legitimate reason for requesting it.  There are transactions that don’t make sense so it appears he has failed to disclose at least one account. As per the mediation rules, if he failed to disclose, that money is automatically awarded to me.
After my ex sent me the quoted email above he sent me a further email today.
“Oh by the way i bought (younger daughter’s name) some sandals today that cost $125 which i expect you to reimburse me for. You can do an etransfer for me.”
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