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Old 08-02-2017, 03:30 PM
Going to Jail Going to Jail is offline
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Join Date: May 2017
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Going to Jail is an unknown quantity at this point
Default Consent on Motion but Court Order, is temporary

At my First Appearance on Motion to Change, “Form 15C Consent Motion to Change” was signed by both parties and was filed in the court. The following week, I rec’d a copy of the Judges Endorsement of same.

When it was filed, it was marked as “Partial” consent, which was mutually agreed, because the support arrears were not consented to as yet. It was noted that support arrears (section 9 of Form 15C) would be discussed in future at the Case Conference.

Now, I have received draft “Form 25 Order (General) from Ex’s Lawyer for submission to the court for the judge to sign.
In Form 25, I saw there were two amendments made to “Form 15C Consent Motion to Change”

1. Form 25 is ticked off as “temporary” not “Final”.
2. Additional items were discovered that were not previously noted on the
Form 15C Consent Motion to Change.

Additional item 1 – “income disclosure is required annually on each anniversary of the Order.”

This is standard and I have no issue. I'm just surprised it was deemed necessary in the Order when it's clearly permitted with Family Law support cases.

Additional item 2 – “This Order bears Post judgement interest at the rate of 2% per annum effective from the date of this Order. Where there is default in payment, the payment in default shall bear interest only from the date of default.”

I would like to know, is Post judgement interest applicable to arrears for prior years or just applicable to possible future arrears accruing on payments due subsequent to the date of the Order?

So I would like to know, if there was consent to “Form 15C Consent Motion to Change” why is Form 25 ticked off as temporary? I was relieved that final consent was agreed, however when I saw the Form 25 Order is temporary, what does this mean? Can my ex make further modifications in future at her discretion and convenience indefinitely with a temporary Order on the matter of monthly payments? I thought it was agreed as final. How can I ensure the Court recognizes this to be a Final Order for monthly payments?
My Ex can file a motion to vary in future obviously following the process.
Someone please explain, thanks.

GTJ
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