abuse of power, adultery, affair, Betrayal, bullying, cheating, child support, court, ex spouse, Family Law, infidelity, insurance adjuster, lawyer, legal proceedings

He probably tries to rip everyone off

After all, he is an insurance adjuster and the stereotypical reputation is that they can’t be trusted.  Their interest is the insurer’s interest, not that of the insured person making a claim.

This is a copy of the email that I sent to my ex on June 13, 2016:

I am just confirming our conversation today that you are refusing to pay any portion of (daughter’s name) dance enrollment for next year.

Firstly, she was asked to audition for Team Canada yesterday which she did.  The audition fee was $35.  If she makes this team it will really help her with respect to university applications as she could get some scholarship money.

Secondly, as you aware from the (daughter’s dance studio) emails, registration for (daughter’s name) for next dance season is tomorrow.  I have told you that she is not adding any dances to her schedule.  Please let me remind you that she dropped classes each year following our separation to make payment for her classes easier for us.  She also was not able to participate in the Summer Dance Intensive program following our separation which she did every year prior to us separating.  She wanted to join baseball and take gymnastics camp to help with the acro portion of her dance, all of which she sacrificed participating in due to our financial situation. Now you have indicated that you will not pay any portion of the following:

  • Registration fee due tomorrow:  $25
  • Costume deposit for her regular 7 classes post-dated for October 1: $420
  • Monthly fee for 9 hours of dance classes: $366
  • Company (I paid her audition fee and she was accepted on this team again)
  • Company annual fee—$375 (can be split over 10 months and added to monthly withdrawal or paid all at once due September 1)
  • 2 Company costume deposits due October 1: $120

Your 71% share based on your 2014 income is as follows: 

  • $17.75 due tomorrow for registration fee
  • 9 Costume deposits post-dated cheque for October 1: $383.40
  • Company annual fee due September 1: $266.25
  • Monthly regular classes: $259.86

David, dance is (daughter’s) passion.  This is her social base and emotional outlet. It is also what she wants to do for her career. “

I am guessing that with my lawyer getting ready for us to go to court again she has had a conversation with my ex’s lawyer because now my ex has provided our older daughter with payment of her tuition for her first term of university in the amount of $3700 (I think this was the figure my daughter told me). It sounds generous but remember we did have this saved for our daughter’s education.  My ex somehow withdrew her entire RESP of $19,000–figure he gave me in May 2015, and used it to pay for entire last year expenses instead of using his own money and my support money.  If she had have been living with me, he would have paid support to me for her and from this money I would have had to pay her food, clothing, accommodation and other items. Why does he think then he is entitled to waste her entire RESP on one year and then tell her too bad you are an adult now and have to pay your own tuition?

Secondly he sent me a lump sum payment today for our youngest daughter’s dance expenses but only paid based on her monthly regular class fee of $366. He gave me one payment of $2598.60.  I thanked him for his but pointed out it is short $667.40.  He insists I only asked him to pay his share of the monthly regular classes.  He has confirmed the correct amount with the studio but insists I made the error, didn’t ask for the correct amount, my mistake, I lose, should have been more careful, why has the amount suddenly changed now, why am I asking for increased payment, etc. I see that the studio responded to him also explaining all of the correct information and informed him, as I did, that the Company fee is calculated differently and there is a registration fee.

Sigh.  It took lawyer involvement to get him to pay anything. The fact that he has $6298.60 that he can pay and the fact that my account is in a negative situation from  having to pay his share of expenses for the past year plus won’t make him look very good in court. His argument to me is that if I could go to Florida at Christmas (accommodation and flight for me and our girls was paid for in full by a family friend but he doesn’t know this) and Hawaii then I can handle paying his share.

I hope that his lawyer will advise him to pay the rest of his share of expenses including full child support.  I know his lawyer has been frustrated in the past by his obstinance. I know there is some reason for me to be happy and it does alleviate a bit of financial stress for some payment but in the end he will feel it is okay to continue to short change me and his children. He has been doing that for the past 3 1/2 years.  In his mind he thinks–she might take me to court for $6966 but if I pay that amount less $677.40 will she really take me to court for $677.40 as it will cost her more to get that amount back if she even wins.

He should have learned from January’s court experience. If he was there and heard the judge lambaste him maybe he would have learned that this judge in particular was going to make an example of this derelict father. I feel like I have no choice but to continue with court or I am doing my girls and me a disservice.  The only way that I am going to be able to move forward and receive full reimbursement for items he legally is responsible to pay is to have clearly written court orders for those amounts that can be enforced.

 

 

 

 

 

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abuse of power, adultery, affair, Betrayal, bullying, court, divorce, infidelity, legal proceedings, litigation, Uncategorized

The Court Sends A Strong Message

Dave chose not to attend court today.  His lawyer was present.

On November 23, 2015 my lawyer contacted Dave’s lawyer to advise that I gave her instructions to pursue Dave in court for the outstanding expenses he continued to refuse to pay as per our mediation agreement.   These included pet expenses, dance expenses, alterations to my daughter’s grad dress, and orthodontic expenses. His share totalled $1212.11.

We were also asking Dave to increase my spousal and child support from July 1, 2015 to January, 31, 2016 as per our agreement based on our 2014 income information.

We were asking Dave to pay our older daughter’s school account that he still hasn’t paid for the September 2014 – June 2015 school year and where my name is still included as being responsible for this account.  This amount is over $1200. Our daughter was living with him at the time these expenses were incurred.

We were asking for Dave to provide me with interest on the RRSP amount he was to roll over to me on November 6, 2014 that I have yet to receive.

We asked him to provide details of the life insurance that he was to get in November 2014.

We asked for information from his bank outlining all bank accounts he had at the time of our separation because there were unexplained transactions leading us to believe he carried an undisclosed bank account.

We asked for details of RESP accounts for both our daughters that he had control of and failed to disclose at mediation and has failed to provide details about.

My lawyer filed our documents on December 4.  Dave has to meet the court rules and provide a response within 5 days.  When my lawyer hadn’t received anything by December 9 she contacted his lawyer.  He had a lot of excuses for the delay and urged my solicitor to push our December 17 court date to January 20, 2016.  She did.  She asked that Dave’s response be at her office by January 11 so she had time to review it.  When it wasn’t received by this time she contacted Dave’s lawyer again.  She told him that she was in court on Thursday and Friday and then after court on Friday she had to fly to Vancouver for a family death.  She needed the documents by Wednesday in order to have time to review them.  Dave’s lawyer served her on Friday at 3:50 p.m. when he knew she wasn’t available to receive them.  She did not receive Dave’s affidavit until Monday morning, 2 days before our scheduled court date.

I did manage to drop everything to respond to Dave’s 21 points in case Dave’s affidavit was admitted into court despite him failing to meet the filing deadline.  My lawyer filed our response to Dave’s affidavit the night before our court appearance.  The judge therefore had none of this information.

The judge ruled Dave’s affidavit was inadmissible.  Dave’s lawyer had to try to explain why Dave ignored court rules but instead tried to just make excuses why the judge should hear his evidence.  The judge again asked why he should admit Dave’s affidavit when Dave was “thumbing his nose at the rules”, “inconveniencing the courts”, “not abiding by the rules that are in place to avoid hearings by ambush”.   Dave’s lawyer finally conceded there was no excuse.

Dave’s lawyer’s big mistake was still trying to get his client’s affidavit admitted by using the words “in the name of Justice.” The judge said,  (and I might be paraphrasing a little but I wrote down as many of his comments as I could):  In the name of justice we should be able to move forward today because your client responded to the action brought against him in accordance to the rules.  Instead, he has played every game he can play.  He has not done his job. He makes north of $100,000 more than the claimant.  He controls everything. He has applied the pressure to the claimant, hammered her against the wall and twiddled his thumbs for a year plus.  He has forced her to make an application to the court. Why doesn’t he give his paycheck over to the claimant and let her decide how much he should have?  I bet the claimant would love to have his difficulties. What in the world do we have to control people like him if we don’t have court rules.  He just waits in the weeds.  We need to send a message to people like him that we are not kidding.

The judge then ruled that he found it fit to not receive his evidence because Dave’s actions are to be frowned upon. Otherwise, it is just a license for people to show up last minute and cry “in the interest of justice.” The lower income party has been on the short end of the stick.  The higher income party was well equipped to be able to do what mattered and he chose not to. He used the court as a way to apply pressure to squeeze the side with the least means. There will be financial consequences to Mr. Cherrie for essentially his “bare faced ignoring of court rules.”

As such, I won all the orders we were seeking.  Dave was ordered to pay me spousal support and child support arrears in the amount that was agreed upon prior to the court hearing.  In fact 7/10 of the items we were seeking were agreed upon by Dave’s lawyer prior to us being heard which made the judge indicate that if Dave had have filed on time court may have been avoided all together.  Dave was ordered to pay me TODAY support arrears in the amount of $5663, to start paying me an increase in spousal and child support as of February 1, 2015 plus an additional $1300 in punitive damages to pay my court fees and legal fees.  The judge also said that if we have to come back to court on any of these issues that Dave will be ordered to pay my costs again.

In essence, Dave just spent $2600 (both of our court costs) to fight me on $1200 worth of expenses. While he was scrambling to get his documents in just before our proceedings he agreed to pay the support arrears (although he tried to haggle off $28/month from the calculation) and tried to send over some documentation that we requested in our order but still didn’t satisfy what we required.  What a waste of time, energy and money. We ran out of time so the expense issue had to be adjourned. Therefore, Dave will still have to go back to court with me to fight those expenses and we are still asking for costs because they are agreed upon expenses.  We will be back in court unless Dave pays me in full. I have no more patience for this man and the court agrees.

 

 

 

 

 

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cheating, children, control, deceitfulness, family, father/daughter, infidelity, lawyer, legal advice, legal proceedings, parenting, property disposal, relationships, separation, threats

Husband gets a lawyer

On March 4, 2013 @ 12:23 p.m. my husband sends me the following email:

“I’ve sent your email to my lawyer and you have no legal right to do anything with my belongings.  You will be receiving a letter today which will be a cease and desist order.  When I’ve got my accommodations sorted out I will pick up the remaining contents.”

I received an e-mail from his lawyer on March 4, 2013 @ 2:33 p.m. stating the following:

“Please be advised that we represent (husband).  It has come to our attention that you have been removing and disposing of his personal property.  This action needs to stop immediately.  My client has been attempting to reasonably vacate the premises in an orderly and cooperative manner.  He is still an owner of the property and there is no reason that his property needs to be removed in anything but a reasonable manner.  My client simply needs a reasonable amount of time to find another place and he can collect his belongings once that happens.”

I respond by e-mail to my husband’s lawyer on March 5, 2013 @ 8:02 a.m. with a copy to my husband:

“None of (husband’s) property has ever been disposed.  As a matter of fact, I rescued his Arsenal hat from the garbage.  When I asked my daughter why daddy’s hat was in the garbage she said, “Because the slut was wearing it in the photo.”  My daughter also said she couldn’t believe that I packed up his belongings so nicely in boxes and bags and placed everything in a neat and organized manner and easy location inside the house for him to access.  She also was upset that I gave him “everything” instead of keeping some things that she thought should be ours to keep.  When (husband) was not able to pick up very many items, we just had them delivered to the building in which he is an owner and where he claims to spend most of his time.  The items were delivered shortly before he arrives at the office, well labeled, well protected and sheltered.

He was asked to pick up the rest of his items while I was at the house and to give  me advanced notice.  This is because it is not appropriate for him to be walking around the premises when someone is not here and removing items without my knowledge.  Furthermore, my children have been very traumatized by his appearances at the house.

While I was at a school function last night with my older daughter, we both received frantic texts and phone calls that my younger daughter was “freaking out” because (husband) was at the house when we weren’t there and without our knowledge or permission.  She was sure he was “stealing” our dog.  When he was at our house the first time, my daughter called to me frantically saying that daddy came to the house 30 minutes before he was supposed to be there.  She didn’t want to be there and she didn’t want the dog to be there when he arrived.  She was hiding because she didn’t want him to see her.  She was shaking because she needed to leave the house so I had to help her go out the front door with the dog and to just keep walking and not look back.  She had her friend call another mom to come over because s he was afraid of what her dad might do to me.  She called me on the phone 45 minutes later asking why he was still at the house saying his truck position had moved and was backed up to the garage and she was sure he was taking my things that are in the garage to dump because he always threatened to do this.  Although I assured her that her daddy wouldn’t be wasting his time doing that now, the thoughts that have been going through my children’s heads are real to them.

Both my children are not sleeping, have been missing school since Friday and are incredibly anxious, emotional, scared and worried.  It is upsetting to my older daughter that her dad didn’t come to her school last night to hear about her Experiential Learning Program that she is going to be a part of this upcoming term and that he chose not to be involved in parent/teacher interviews.  It is even more upsetting to her that he used that opportunity while we were out of the house to do yet another thing that she considers to be deceitful.  She is terrified to be at the house by herself because she thinks he is going to come by and/or try to contact her.

It appears that (husband) came through the house and did take the rest of his items.  There doesn’t appear to be anything left in the garage that belongs to him.  I trust that there will be no reason for him to come by our home again unannounced.  If there is something that he might need in the future that he thinks he left here, I will be happy to try and locate that item and leave it outside our home at a time convenient to us both for him to retrieve this.”

The only response I received was from my husband on March 5, 2013 @ 8:24 a.m. by e-mail:

“Do you think (my lawyer) cares about my Arsenal hat or any of the other drivel that you put in the email?  The simple fact is you have no right to restrict my access to the house to get, store or use my belongings.  I am a legal owner of the property and am entitled to any of the benefits that an owner may enjoy.

I am trying to be nice and accommodating to you.  But when you threaten to throw out my belongings on the driveway or leave them out front my office that is not rational or acceptable.  So I went and got most of my things.  There are still others that I will retrieve when I am able.

Stop using the kids in this process.  Stop making them feel insecure and hiding them in the house and allowing crazy irrational behaviours.  You are perpetuating things that aren’t real and that is simply unacceptable.  You are attempting to punish me through the kids and that is petty, childish and frankly wrong.  You can either start to accept what has happened, move forward and start to work with me or I will retain legal counsel to commence action for my rights to the kids.  Take your pick.”

 

 

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cheating, control, debt, deceitfulness, family, infidelity, legal proceedings, lies, marriage breakdown, other woman, parenting, relationships, separation

My emotions start spilling out

On Monday, March 4 at 7:24 a.m. my husband sends the following e-mail:

“Can you tell me why you’ve put $30,000 on our line of credit?”

I respond at 9:27 a.m.:  “You are the one who owes me explanations, not the other way around.”

He responds at 9:37 a.m.:

“I’m happy to discuss whatever you’d like to chat about.  What I would appreciate is you stopping the childish behaviour so that we can all try and move on.  I asked a valid question and you come back with a childish response.  I ask you that I would like to leave my stuff until I can get a rental and you dump it in front of the office.  If that’s what makes you feel better fantastic but you aren’t helping us to move forward.  I sure hope you didn’t have the kids involved in that little stunt.  Really makes you look petty in the long run.

Anyways I’ve got a line on a rental basement suite on (street that leads to my street) that I wanted to discuss with you.  Are you open to this?

My response at 11:21 a.m.:

“I am so glad you’d be “happy” to discuss whatever I want.  We know how important it is for it to be (husband’s name) who is happy at the expense of everyone else.  So here is my “chat”.

Don’t you dare talk to me about being childish and don’t you dare try to pull your morality bullshit with me.  I don’t give a shit what you appreciate–You want to leave your stuff here, you want to live in the neighbourhood, you want to fuck who you want to fuck and come home and play house.  You couldn’t even tell me the truth when I asked you point blank.  If you had have acted like a man instead of a child we wouldn’t be in this place.  You would have just manned up and said you met someone else and moved out and no one would have seen your depraved fucked up love life spilled out and now spewed and polluted in our minds forever.  If you had have been a man you would have said you couldn’t meet us for dinner at Red Robin instead of making us wait 45 minutes while you were with your GF/LF and then lied and tried to make me look like the idiot by saying you never said you’d be there for 6 and had a claim to go out on.  If you had have been a man you wouldn’t have lied about going out for your birthday with your hockey team, your phone being on vibrate so you couldn’t hear it, working, working, working and then us finding out you are even missing work to be with someone other than your family.   And how dare you fuck someone else and come back and fuck me so now I have to go and be concerned about my  health.  Even children know better, are less selfish and have more of a conscience, more of a heart and sense of well-being and concern for others.  Only children can be as ungrateful as you are for what you had.  You are the petty one in the long and short run.

I want nothing to do with you and I want you as far away from me as possible.  If I never, ever see you again it will be way too soon.

So let’s try this again:

I want your stuff gone from our house.  You can tell me today when would be the most convenient time for you to pick it up on Tuesday and I will do my best to accommodate that time.  I will have everything in the driveway for you.  Your bike and hockey equipment will be there so be prepared to make 2 trips if necessary.  There isn’t that much stuff left but if you do not do this, I will be kind enough to hire a delivery service directly to your office for your convenience.  You can get a storage unit.  I will no longer be your storage unit for anything.  I also expect you to stay to the time window you tell me.  Do not come earlier and do not come later.

You’re concerned about the $30,000? Maybe if you were more concerned with our finances and your family than what you have been concerned about lately and sat down to create a budget with me like I asked you would know we have no money right now to pay for a family vacation and at the same time pay for you to have another life on the side, our daughter in private school, our other daughter with all her new dance expenses and our regular ooh oohs like needing new tires and new brakes, etc.  I used the $30,000 to pay the Visa, Amex, trip, etc.  It is all documented and the transfers will be shown on our account.

I was disappointed by you yet again when you managed to take all the documents I left out for you except the legal information.  If you say you want the kids to be a priority then get your legal affairs in order now so we can move forward with the separation agreement.  That is the one way you can start to let them know and me to know that you do want to make them a priority in your life.”

(my name)

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cheating, Collaborative Family Law, control, divorce, family, lawyer, legal advice, legal proceedings, marriage breakdown, other woman, parenting, relationships, separation

Letter to husband regarding separation and initial action

On March 1, 2013, the day my husband knew I was aware he was having an affair, at 11:50 p.m., I sent the following e-mail:

(Husband’s name),

This is a very difficult time for (daughters’ names) and me. We would all prefer if you could find alternative accommodations and to please not come back home at this time. I know you will need some personal items. Both girls have asked that you not come to the house when they are present. I require being home but I do not want to see you or talk to you. Please give us an hour notice by text before you arrive so the girls can leave to a place where they will feel more comfortable. Please make sure you receive a responding text from me before you come by. You can enter through the back door which I will leave unlocked and all of the items from your closet, drawers and bathroom will be there packed up so you can easily move them. You can take your hockey equipment out of the garage. Please let me know if there is anything else you would like me to leave for you.

(15-year old daughter’s name) has made it clear to you by text that she does not want to talk to you at this time. Although you have a need to share your side of the story with her, this is not what the girls need at this time. Both (daughters’ names) have told me separately that they do not want to see you or talk to you at this time. Please respect their needs.

I would like to use Friday, March 1, 2013 as our first day of separation. This is the day that your adultery was made clear to me and this is the day that you chose to leave us.

I have retained the services of a Family Law Group lawyer. I am leaving you a folder that outlines the 4 Family Law Options. These include:

1. Court Proceedings
2. Mediation
3. Traditional Negotiation
4. The Collaborative Family Law Option

Choosing number 4 will keep us out of the court which could cost us a total of up to $120,000. We are the ones that retain control of the process and who determine what we think is fair in terms of issues to be settled which will eventually lead to the signing of a binding, enforceable Separation Agreement. The process involves the use of four-way meetings which can include us, our lawyers, divorce coaches, financial advisors, psychologists, counselors, support for all of us and a number of other professionals who can be part of the process based on our family needs. The objective is to enable the family to restructure in a positive way without the enormous emotional and financial costs of traditional litigation.

The folder also has a pamphlet about the ‘Parenting After Separation’ program. This is a requirement for us both to attend. These sessions run for 3 hours on Wednesday morning or Wednesday evening at the library. We must do this separately. You can get more information about the program by calling (250) 387-6121.

You can obtain a list of the lawyers involved in this process by calling (250) 704-2600. My lawyer is Robert Klassen and his contact information is attached to the folder. There is other helpful information included in the folder.

Important:

Both girls have indicated that they want to continue with our trip to Florida to see their grandparents, family and friends. You have indicated that you will not be coming. You must contact Visa travel cancellation and ensure you have a valid reason that will cover the cancellation of your flight. You will then be charged a $250 fee by the airline but you will have a flight credit. You have to do this ASAP as your ticket is attached to (oldest daughter’s name). As soon as you cancel with Visa you must call the Flight Centre at (250) 360-0246 to cancel the flight so they can issue (daughter) a new ticket. She won’t be able to fly if this isn’t done. We tried to have your airline ticket changed to (daughter’s friend’s name) but they would not grant a name change, even for a fee. Perhaps you can talk to whoever you need to for this to happen. (Daughter) doesn’t feel comfortable flying alone with 2 plane changes and she has also made it clear that she will not fly with you. We tried to get them to cancel your flight and then just reissue the ticket in (daughter’s friend’s name) but this will cost an additional $2500 as the flight is full and it will go back into the Economy pool. You have all the paperwork in your e-mail as per your request for me to send that to you. It might really be good for your relationship rebuilding with (daughter) if you can get strings pulled for (daughter’s friend) to take your place.

If you have any questions about any of the content of this e-mail, please respond by e-mail only.

Thank you,

(my name)

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