Do I need to file a separate motion?

[billiechic]

Ex has filed a motion for a change in CS. I've already detailed that and am fililng my 13.1 and response tomorrow.

But I need substantial changes to our final order, not only in CS, but a request to change access (just changing the weekends, but permanently), I want financial equalization, and I need some changes, and clauses added to our final order (to close up the loopholes he is using to torment me).

I have a substantial amount of paperwork I want to file, basically to shore up the case against him. I have to refile some of the evidence (exhibits) from previously, since he has started this motion in a new jurisdiction, and they would not forward the complete file, not woulf the judge read any of it.

I know this is a lot for a motion, so I'm thinking I might have to file my own. Any advice on this? I really would like this all to be over ASAP, but I have a feeling that if I try and have it all addressed at one time the judge is going to get frustrated and that just wont be good for my case.

[billiechic]

ahhh, Can anybody help me out with this? Where are you Mess? Standing? HELP!!! tee hee!

[tugofwar]

Im not sure, but sometimes at motions, Ive heard they start the whole process over again by having a case conference etc. That happened to one of my friends.
Is it possible that coming forward to this motion, the judge could think there are too many outstanding issues to be dealt with at motion and order to start all over again?

[billiechic]

yeah, its possible. But I think that they will probably want to settle the CS issue. I'm not against reevaluating it, just the numbers he used to do it (his current income, and my 2010 line 150) I'm arguing that we should be using both current incomes, since we both have seen substantial changes.

I plan on sending him an offer to settle when I serve him. I have asked for mediation at least 8 times in 2 months. It is apparent from our text communications that he will not consider anything I offer unless/until I pay him the CS he *thinks* he is entitled to. Funny thing is, I have been paying him the guidleine offset all along.

[tugofwar]

Sorry couldn't be of more help

[Tayken]

Originally Posted by billiechic

Ex has filed a motion for a change in CS. I've already detailed that and am fililng my 13.1 and response tomorrow.

But I need substantial changes to our final order, not only in CS, but a request to change access (just changing the weekends, but permanently), I want financial equalization, and I need some changes, and clauses added to our final order (to close up the loopholes he is using to torment me).

I have a substantial amount of paperwork I want to file, basically to shore up the case against him. I have to refile some of the evidence (exhibits) from previously, since he has started this motion in a new jurisdiction, and they would not forward the complete file, not woulf the judge read any of it.

I know this is a lot for a motion, so I'm thinking I might have to file my own. Any advice on this? I really would like this all to be over ASAP, but I have a feeling that if I try and have it all addressed at one time the judge is going to get frustrated and that just wont be good for my case.

Basically, for the new substantial issues not raised in his application you would need to "cross motion" his motion and supply the supporting affidavit material and attached evidence.

Why is the motion filed in a new jurisdiction? If children are involved the jurisdiction should be set already and not changed.

Good Luck!
Tayken

[Tayken]

Originally Posted by billiechic

yeah, its possible. But I think that they will probably want to settle the CS issue. I'm not against reevaluating it, just the numbers he used to do it (his current income, and my 2010 line 150) I'm arguing that we should be using both current incomes, since we both have seen substantial changes.

You can press to have the CS determined on current day income based on your current employment contracts if you have copies of them. It is done all the time when employment changes and it wouldn't reflect appropriately on the past year's income.

Good Luck!
Tayken

[billiechic]

Thanks Tayken. I will do just that!

Originally Posted by Tayken

Basically, for the new substantial issues not raised in his application you would need to "cross motion" his motion and supply the supporting affidavit material and attached evidence.

ok, so can I just file it as a response, or do I actually need to file a motion to change form?

Originally Posted by Tayken

Why is the motion filed in a new jurisdiction? If children are involved the jurisdiction should be set already and not changed.

Good Luck!
Tayken

Application :Peel Region (I lived here for 2 years post separation)
Motion: Durham Region: ex moved here Jul 2011
I live in York region (moved July 2012) to be close to child's school.

He has filed where he lives now, so the case will need to be tranfered. Isnt always, sometimes they just send over the final order. I have an OCL report and substantial evidence that needs to be considered by the judge in order to understand where the conflict is coming from. I can just be pointing fingers lest i get accused of making excuses, or being uncooperative. This evidence was not considered previously, as we settled and filed a motion on consent.

[billiechic]

anyone know if I need to file my own motion or do I just ask for what i want in my response?

[Tayken]

Originally Posted by billiechic

anyone know if I need to file my own motion or do I just ask for what i want in my response?

Technically you can try to do this but, technically you should be cross motioning the other party's motion for any new substantial issue. Asking for a remedy in an affidavit can be a bit tricky as some Judges do not read the whole affidavit.

So you would want to submit your own Form 14 to cover what you are requesting from the court that is supported in your affidavit materials. (Notice of motion).

Not sure if there is a specific "Notice of Cross Motion". Someone correct me if I am wrong please.

With regards to your Jurisdiction... The motions judge in Durham may probably move matters to York as the children go to school in the jurisdiction. With all the movement by both parents the judge may want to stabilize matters in the jurisdiction that a parent and the children go to school in.

Don't be surprised if the Judge (even if you don't request it) moves matters to York. Don't be surprised if they don't either. It could go either way.

Good Luck!
Tayken