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Old 02-08-2010, 05:27 PM
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1) Kids shouldn't be dragged into the middle of it, but to the extent that you may have to say something, you explain that the law sets out how much support is paid and for how long and any variation is decided by a judge to be fair to everyone. You explain that you are following the rules and the law and you will abide a judge's decision if necessary. This is nothing personal between you and your ex, it mathematics as set out by Family Law Act.

Keep it impersonal like that, do not blame your ex, do not accept blame for yourself.

2) Put all your arguements in point form. Keep it short and simple. Everything that you theoreticly would bring to trial should be in your application (ideally you may settle this out of court). However don't be overly wordy, give short factual examples to back up points if appropriate but ideally someone should be able to read the application and get the gist of it, not have to read a novel. You may include supporting documents and statements (and should support things like income) and attach them at the back. In your application just put "(see Income tax assessment, attached)" for example.

Try to put all your points in a logical order that naturally leads to a conclusion, don't jump around willy nilly. Don't contradict yourself, for example my ex in one point asked for one thing to be stopped, then the next point required that thing to support her claim. Make sure all your points work together to support your conclusion.

Think of the application as the points that will brought up for conversation, they are not the conversation itself.

3) If you have contacted her lawyer and received no response, then you have tried to open negotiations and they have ignored you. This is what forced you to take this to court. There would be an issue if you were wasting the court's time. Pointing this out will bolster asking for costs. This is not directly related to your case, so it should be a small section at the end.

The issue should be decided on it's own merit, but the fact that you have tried to communicate and been ignored does some weight to your side.
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