Does the Office of the Children’s’ Lawyer play fair?

Avoid divorce lawyers that do this:

Tip 1 – Empathizes with your pain too much.

Tip 2 – They don’t’ listen to you. 

Tip 3 – They will help you get back at your ex

Tip 4 – Rudeness and name calling. 

Tip 5 – Uses inflammatory language. 

Tip 6 – Unprofessionalism constantly criticizes other lawyers. 

Tip 7 – Tells you he’ll “take care” of the divorce for you. 

Tip 8 – Has a crystal ball. 

Tip 9 – Believes in your lies. 

Tip 10 – Has no views.

Are you looking for a divorce lawyer in Durham region?

When searching for reviews on divorce (family) lawyers I came across this site (http://www.lawyerratingz.com).  They have some good ratings of lawyers in the area especially in Oshawa.

Take a look at our tips for getting the right divorce lawyer so that you get what you deserve.  

There are many family lawyers in the Durham Region and not all, well lets face not many, are good.  They have no interest in finishing early, they want your money!

If you see something on the site leave a comment.  your experiences help others make better choices when they are faced with the Canadian legal system.

When searching for a family lawyer in Oshawa always keep in mind a few things.  First remember that they are there to make money, not to help your kids.  Although they may say they care for you and your situation remember who’s paying the bills.  The family court in Oshawa is a treadmill of lawyers and angry people wanting to fight and battle in court.  

The Oshawa Court House solves very little and causes an enormous amount of stress.

Child Support Lawyers

How are divorce lawyers the same as car salesmen?

YOU ARE PAYING.

Can the Office of the Children’s Lawyer (OCL) Provide Unbiased Evaluation?

How to file a response to the OCL report?

Oshawa Family Court

This case was heard in the Court of Appeal regarding the interpretation of a Separation Agreement (“Agreement”) signed by Mr. DiDonato and his first wife, Ms. Didonato. The parties separated in July 1995, after a 26 year marriage.

Mr. Didonato’s second wife appealed the decisions commenced by two separate hearings in April 2005 (commenced by Ms. Didonato) and in March 2007 (commenced by Ms. Turner) which was collectively heard in April 2008 with respect to Ms. Didonato’s entitlement of life insurance proceeds based on the terms of the Separation Agreement.

As per the terms of the Agreement, Mr. Didonato was to pay Ms. Didonato spousal support until she reached 65 years of age. Further, the Agreement required Mr. Didonato to maintain a life insurance policy benefiting Ms. Didonato in the amount of $100,000.00 until he was no longer obligated to contribute to her support.

Mr. Didonato died at the age of 58, in 2004. His life insurance policy at the time however, was only $43,507.15, which is the amount Ms. Didonato received from the insurance company. This $43,507.15 payment was not enough to satisfy his $100,000.00 obligation as outlined in the Agreement.

In April 2005, Ms. Didonato commenced an Application against Mr. Didonato’s estate and his second wife, Ms. Turner, claiming a lump sum payment in the amount of $56,492.85 (i.e. the difference between $100, 00.00 and the amount she received from the insurance company). Ms. Didonato also sought an order for interim spousal support retroactive to December 2004, pending resolution of the matter. Justice Greer granted the interim support.

Subsequently, in March 2007, Ms. Turner commenced an Application for an order requiring Ms. Didonato to return to the estate the support payments she had received prior to Mr. Didonato’s death. Justice Low refused to grant this relief and ordered the trial of the issue. Ms. Turner and Ms. Didonato’s Applications were heard together in April 2008.

The trial judge examined the terms of the Agreement and interpreted the language of the Agreement. She concluded that Ms. Didonato was entitled to receive a total of $100,000.00 from the estate. The trial judge awarded Ms. Didonato $31,420.15, which was the $100,000.00 that Ms. Didonato was entitled to under the Agreement, minus the $43,507.15 she received from the insurance company, and minus the $25,071.91 she received pursuant to the order of Justice Greer.

In the Court of Appeal, Ms. Turner argued that the trial judge erred in her interpretation of the Agreement by failing to consider the Agreement as a whole. She believed that two parts of the Agreement (as outlined below) should have been read together, and if they had been then Mr. Didonato’s obligation would not extend beyond his obligation to pay Ms. Didonato support. The following provisions are relevant in the interpretation of the Agreement:

12 (4) “The husband shall maintain the policy and shall maintain each of the aforementioned as beneficiary as set out in paragraph 12(3) hereof as long as the husband is obligated to support such beneficiary as provided in this Agreement following which the husband may then deal with the applicable portion or portions of the policy as he wishes and the wife will then sign any document necessary to change or revoke the applicable designation or designations of beneficiary.”

12 (8) If the husband dies without his insurance in effect contrary to the Agreement, his obligation to contribute to the support of the wife and children shall be a first charge on his estate.

The trial judge interpreted Section 12 (4) as a standalone provision and the Court of Appeal agreed. Ms. Didonato was entitled to receive $31,420.94; the difference between what she would have received had Mr. Didonato fulfilled his obligation under the Agreement. Ms. Turner’s appeal was dismissed and Ms. Didonato was entitled to the costs of the Appeal.

This case demonstrates the importance of determining with your lawyer the intention of the life insurance clause stipulated in your Separation Agreement and whether it is meant to replace support payments entirely, or whether the life insurance is only security for support.

The couple married in 1977 and separated in 2000. The Husband was 48 and the Wife was 46 at the time of the proceeding. The couple have three children who at the time of the proceeding were no longer children of the marriage. The parties had unanimously decided that the Husband would pay $530.00 of spousal support per month, without a formal order ever taken out. The above figure was determined by offsetting the Wife’s child support obligation of $270.00 per month against the agreed upon spousal support of $800.00 per month.

The Wife’s claim was that she should be receiving spousal support of $2,000.00 per month. She also wanted to be named as a beneficiary in the Husband’s insurance policies in order to ensure his spousal support obligation. The Husband was employed as an executive director and earned $82,155.00 in 2003. The Wife was employed as a retail clerk, and she was unemployed for most of their marriage. The Husband did allege that the Wife was under-employing herself given she was capable of earning more than she was actually making based on her training for a managerial role in her job. However, the Court decided that such an allegation was not substantiated.

The Court considered the length of the couple’s marriage (23 years) and the Wife’s caregiver role during the course of the marriage that benefited the Husband’s ability to further his own career. The Court decided that the Husband should not reap the exclusive benefit of sustaining a higher standard of living than the Wife that contributed to this effect. The Court decided that the couple’s after tax disposable income should approximately commensurate once spousal support is factored in. The Court stated that in order to achieve the above which is equitable, the Husband would have to pay the Wife $2,200.00 per month of spousal support. Additionally, the Court required the Husband to pay the above sum of spousal support retroactive to the date of separation. Of course, with the Husband receiving credit for his prior monthly $530.00 of spousal support payments made to the Wife.

Additionally, the Court decided that the Husband was required to re-designate the Wife as a beneficiary of his life insurance policies because he undertook to do so under oath, in 2003. If he wanted to remove her from his policies, he should have done so through a further Court Order.

The Court accepted that the Wife’s claim to be under the Husband’s benefit package was also reasonable given he had better benefits than the Wife. The Court concluded that the Wife would remain under the Husband’s work benefit plan (if his plan permitted him) until he has fully satisfied his retroactive spousal support obligation. Alternatively (if his plan did not permit him to add his Wife as a beneficiary), the Husband would have to pay an amount that would allow the Wife to receive the best benefit plan available from her work until he has fully satisfied his retroactive spousal support obligation. At the end of the day, the Court allowed the Wife to claim retroactive spousal support to the date of separation.

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Knowing how to find a good divorce lawyer, or family lawyer, and what qualities to look for is the foundation to taking the steps to hiring a divorce lawyer. A good divorce lawyer is essential to ensuring your needs are met and you get the settlement you want, not a settlement that ruins your life.

Failing to take the time to understand how to find a good family lawyer, or divorce lawyer, will wreck havoc with your life for decades.  Many people who have not sought the proper advise to find a good divorce lawyer but trusted emotional references such as friends and family have found out the hard way through large legal bills.

It’s easy to listen to friends and family when it comes to your separation and divorce needs.  They often will support almost anything you say and tend to adopt your anger.  This doesn’t help when you are looking for an objective view.  A family lawyer, divorce lawyer in Oshawa, can have the same flawed approach.  Many cheap divorce lawyer or so called caring lawyers realize that your emotional state clouds your judgement.  Knowing this they can take full advantage of you and drive the cost of your divorce through the roof.  It’s only after the dust has settled to you realize how foolish you were.

How do you find a good divorce lawyer in Oshawa?

First, be fully aware that divorce lawyers in Oshawa have to make money.  They are a business and businesses need customers.  You’re the customer, not their friend.  Advertisements and other forms of attracting you to their door are all meant to do just that.  They like other businesses use marketing companies to drive up business. This ads can and often do mislead and border on lying as many other forms of advertising.  Always remember that they run a money making family law firm, not a free legal aid advice firm.  

Here are some basic things to consider when looking for a divorce lawyer in Oshawa.

Find a family lawyer in Oshawa that specializes in divorce (I know sounds obvious but not all do).  A divorce lawyer in the Durham Region whose specialty is family law (and has done this for some time) will have a greater depth of experience and knowledge in family law in the Durham Region.

Although this may seem very obvious one has to consider this.  Unlike the medical profession the legal profession does not have any ‘rules’ as to when and how a lawyer can call themselves a ‘specialist’.  This sets up a situation where any lawyer can change their ‘expertise’ when needed.  Combine this with the reality a divorce firm in Oshawa is a business no different the used car dealership down the road many family law firms in Oshawa will adapt in order to stay in business.  This type of lawyer becomes a jack of all trades and master of none.  Avoid them like the plague.

Look for a divorce lawyer with extensive experience. Find a divorce lawyer who has been practicing for some years and has practiced for many or most of these as a family law and divorce specialist. Importantly, check that a divorce lawyer has sufficient experience in the Oshawa Family Courts.

More tips on how to find a good divorce lawyer in Oshawa to follow.  Keep reading our blog to find out more…

Is it a joke? 

Why do publically run foundations such as the Children’s Aid Society or Office of the Children’s Lawyer do this?

Who suffers from domestic violence?