Going back to court

[dickstacie]

I am putting forth a motion to vary my final order dated October 6, 2005. I my ex has had a material change in his circumstances as his pay has increased about 30,000 dollars and I want his child support to reflect the new amount, under the 2006 guidelines. He's currently paying a sum under the 1997 guidelines according to his 1995 income. I had asked him if he could pay the new amount starting immediately and he told me to take him to court since he doesnt think he has to start paying the new amount until July 1st. Our final order does not stipulate any certain time that it changes. He is going by his girlfriends and co-workers orders, not ours. I have filled out all of the court documents fully to the best of my knowledge and can hopefully serve him tomorrow after I get everything notorized at the courthouse in Ottawa tomorrow. I have a few questions:

What papers do I serve him with?

In our last time at court, he did not disclose the amount of his pension. Will he have to this time?

Where do I put on the current forms the information about our previous order and the endorsement? Do I have to make a statement like: a previous order dated October 6, 2005 and an Endorsement by the Honourable blah blah dated October 6, 2005? Do I have to put in there that the order was made in Perth? I was told that I don't have to transfer anything from Perth and that this is going on like it's a new case starting in Ottawa, do I have to add the previous final order and Endorsement into the Continuing record? On the Notice of Motion form, there is a space where it states that a person making this motion is relying on the following documents in the continuing record. Is that where I put this infomation? This all confuses me.

Do I have to put our whole history on the affidavit or just the current circumstances backing my claim?

When I go to get my papers notorized, will they tell me which one's I have to serve my ex with if I ask them?

I've found at the FLIC that they don't really give you the information that you need. Why is that? I have asked all the right questions, but they seem to dismiss me for the most part. Why is Family Law kept so secretive yet it affects many children? If these places are there for the public and paid for by the public why do they hinder the public so much? Im confused.

[logicalvelocity]

dickstacie,


As you mentioned,

I am putting forth a motion to vary my final order dated October 6, 2005. I my ex has had a material change in his circumstances as his pay has increased about 30,000 dollars and I want his child support to reflect the new amount, under the 2006 guidelines. He's currently paying a sum under the 1997 guidelines according to his 1995 income.

Before the actual motion to vary, you may have to schedule a Case Conference. You have sufficient material change of circumstances:

a) their income has increased significantly;
b) The Ontario child support guidelines tabled amounts changed effective May 2006.

See the Court Registrar if you require a case conference first or if you can just go ahead and schedule a motion. If a Case Conference is required before the motion, schedule both dates in advance and at once.

I had asked him if he could pay the new amount starting immediately and he told me to take him to court since he doesn't think he has to start paying the new amount until July 1st.

Keep all your correspondence with the individual in writing by way of letter so that you have a paper trail of evidence to refer to in the future.

Send them a nice letter requesting their last three years income tax returns and final assessments for the years 2006, 2005 and 2004. Once that information is received from them it may give you an idea of what amount to refer to the child support tables. If one's income fluctuates from year to year, you could determine an average line 150 amount by taking the last 3 years line 150 income tax amounts adding them together and divide by three OR you could take their line 150 income tax amount from year 2006 to compare against the child support tables.

Our final order does not stipulate any certain time that it changes. He is going by his girlfriends and co-workers orders, not ours. I have filled out all of the court documents fully to the best of my knowledge and can hopefully serve him tomorrow after I get everything notarized at the courthouse in Ottawa tomorrow. I have a few questions:

What papers do I serve him with?

If you have a case conference and a subsequent motion scheduled; You will need to serve a copy of the documents (Originals are filed into the record) once notarized unto him and best to do so by special service in person:

a) Your Case Conference Notice Form 17;
b) Your Case Conference Brief Form 17A;
c) Your Notice of Motion Form 14;
d) Your Sworn Affidavit Form 14A;

Once served, file the originals into the continuing record. Complete an Affidavit of service form 6B and have subsequently sworn declaring what documents were served with date and time and method of service. This will be filed into the continuing record.

In our last time at court, he did not disclose the amount of his pension. Will he have to this time?

Once the court documents are served unto them; they will be required to file a sworn Financial form 13, Case Conference Brief and sworn Affidavit conveying theri views of the issues. The Financial Statement (Form 13) should be completed fully by them and should also include the last three-taxation year’s returns and final assessments, pay stubs etc.

Where do I put on the current forms the information about our previous order and the endorsement?

You could attach this information as an exhibit to your sworn completed affidavit.

Do I have to make a statement like: a previous order dated October 6, 2005 and an Endorsement by the Honourable blah blah dated October 6, 2005?

It’s a good idea to write a brief paragraph in your affidavit

“ Attached hereto this Affidavit as Exhibit “XX”is a true copy of the endorsement or order dated _________________________”

Do I have to put in there that the order was made in Perth?

It’s a good idea so that the current court is aware of what specific court made the previous order.

I was told that I don't have to transfer anything from Perth and that this is going on like it's a new case starting in Ottawa, do I have to add the previous final order and Endorsement into the Continuing record?

I would include such as it is relevant background information. Although not mandatory; you could also make arrangements to have the Perth file transferred to Ottawa.

On the Notice of Motion form, there is a space where it states that a person making this motion is relying on the following documents in the continuing record. Is that where I put this infomation? This all confuses me.

You would refer to significant documents in the continuing record such as other Affidavits and pleadings and the current Affidavit to support this motion. Since it appears the the file is in Perth, I would attached a copy of the Final orders, endorsement to your current Affidavit.

Do I have to put our whole history on the affidavit or just the current circumstances backing my claim?

You should put a brief background with a few paragraphs such as:

a) Who is the applicant;
b) Who is the Respondent;
c) The name and date of birth of the child;
d) When the parties began cohabitation and when they separated;
e) Current Custody arrangements;
f) Where the child resides now;
g) Current amount of support being paid;
h) Any details of missing support;
i) State efforts you have made to the individual to have the child support increased to reflect their income and current tabled amount;
j) State that the guidel;ines changed and also the individuals income has changed.

When I go to get my papers notarized, will they tell me which one's I have to serve my ex with if I ask them?

They may, they may not. You will have to serve:

a) your case conference notice;
b) your case conference brief;
c) notice of motion; and,
d) Affidavit to support the motion

I've found at the FLIC that they don't really give you the information that you need. Why is that? I have asked all the right questions, but they seem to dismiss me for the most part.

The FLIC staff members are crown employees and are not lawyers. Only lawyers can give legal advice. In here we are a public Internet forum and any information obtained is "use at your own risk" and for general information purposes. It may not be correct or up to date!

Why is Family Law kept so secretive yet it affects many children?

Good question, but its not really secretive. Everything you need to know is located on-line through the various government websites ie: Guides, Forms, Caselaw, Rules of Court etc.

If these places are there for the public and paid for by the public why do they hinder the public so much? Im confused.

My guess is that its smoke and mirrors! Perception is everything! I believe the Federal Justice Department instructed the provinces to make Family Law issues easier for the self represented party, hence the availability of court forms and guides now located on line. Government change is slow, but it is getting better!

Remember at least before 2 pm two days before the case conference and also the motion you will have to file individual 14C confirmation forms with the Court Registrar. This document could be faxed to the Registrar if you get the fax number from them in advance.

Because it appears the individual is not co-operating on the child support issue; Don’t forget to request an order for costs of the action.

lv

[dickstacie]

again..your amazing!! I changed some things in my affidavit to make it sound better. What are costs? Where do I put that in these papers. I have filled out all forms..case conference brief, notice of motion, affidavit..every form that goes with all these, except the parts where i need the dates and times from the courts like the confirmation form and affidavit of service form where I don't know the dates and times as yet. There is no need for writing letters to my ex, they will go ignored as they have in the past. I just want to get this to court, because they are the only ones that can make him take action.

I am confused about the part of relying on the following documents part of the notice of motion form.
I have put in:
A final order and Endorsement of the Honourable Justice blah blah dated October 6, 2005 at the Superior Court of Justice Family Court Branch at Perth, Ontario.
Should I put in there the Affidavit and Case Conference Brief? I haven't had them notorized yet. Should I wait to put this stuff on there until I get my dates and have my forms notorized? I'd like to get all this done a.s.a.p.

I clicked the box that states that an affidavit in support of this motion is served with this motion. I clicked the box that has a notice of a case conference is served with this notice to change an order.

[dickstacie]

for the notice of motion part i was enquiring about..would this do?

Affidavit by the Applicant and a final order and Endorsement dated October 6, 2005.

I looked through my forms and there is nowhere to put in costs..would I just put that in the notice of motion where I put in the orders that I wanted varied..or do I put that into my affidavit and case conference brief?

[dickstacie]

sorry, I just noticed on that form that it says you must attach a summary of court cases along with a notice of motion. I was told from somebody at the FLIC that that isn't required anymore. Could anybody clear that up for me, I can't find anything about that on the web. THANKS!!

[logicalvelocity]

dickstacie,

What are costs?

Costs are just that.

Any costs incurred by you to pursue the action to obtain a reasonable amount of tabled child support for your child. For instance, time off work, legal fees, parking, office supplies are just some costs that may be incurred by you in the action.

see the case of

J.B.G. v. L.B., 2004 CanLII 53230 (ON S.C.)

http://www.canlii.org/en/on/onsc/doc...anlii53230.pdf

Just because a party is self represented does not mean that they aren't entitled to costs of the action if successful.

Where do I put that in these papers

Form 14 Notice of Motion - Page 2, where you state the orders you are requesting at the motion. For instance:

• "An order for costs of this action"

and it is wise to always list a generic order just in case anything is missed along the way.

• "Any other order that the honorable court deems just and fair in this matter"

I have filled out all forms..case conference brief, notice of motion, affidavit..every form that goes with all these, except the parts where i need the dates and times from the courts like the confirmation form and affidavit of service form where I don't know the dates and times as yet.

Secure the dates and times for the Case Conference and Subsequent Motion from the Court Registrar. Once doing so, the Registrar will apply the court seal. Make copies of all these docs and subsequently serve a copy to the individual. Keep a copy of the docs for yourself and the originals can be filed into the continuing record.

Once the docs are served, complete the Affidavit of Service Form 6b, have it notarized at the FLIC and file 6b into the continuing record. Tip - You may want to keep a copy of all court documents for yourself in a binder or book with tabs to keep organized.

There is no need for writing letters to my ex, they will go ignored as they have in the past. I just want to get this to court, because they are the only ones that can make him take action.

Always document and Always have a paper trial. Such letters can be attached as evidence to affidavits now or in the future. Without a paper trail, it is your word against theirs on the outstanding issues.

I am confused about the part of relying on the following documents part of the notice of motion form.
I have put in:
A final order and Endorsement of the Honourable Justice blah blah dated October 6, 2005 at the Superior Court of Justice Family Court Branch at Perth, Ontario.
Should I put in there the Affidavit and Case Conference Brief? I haven't had them notarized yet. Should I wait to put this stuff on there until I get my dates and have my forms notarized? I'd like to get all this done a.s.a.p.

Attach the copy of the Judge's endorsement page to your affidavit as an exhibit. Make sure your state that it is a "true copy" of the endorsement of "blah blah" dated October 6, 2005 as the original would be in that record. You could also attach it to the back to the Case Conference Brief. However, you have to keep in mind that Case conferences briefs are not sworn. No significant orders would be issued at the case Conference other than procedural such as disclosure or consent orders between the parties on the issues. When your affidavits are complete have them notarized and then get the dates and seal added by the court Registrar.

I clicked the box that states that an affidavit in support of this motion is served with this motion. I clicked the box that has a notice of a case conference is served with this notice to change an order.

That appears to be correct.


lv

[logicalvelocity]

dickstacie,

I just noticed on that form that it says you must attach a summary of court cases along with a notice of motion. I was told from somebody at the FLIC that that isn't required anymore. Could anybody clear that up for me, I can't find anything about that on the web. THANKS!!

Thats correct, Form 8E summary of court cases is no longer required anymore and I belive they removed it off the form website with the rule change.

lv

[dickstacie]

wow...I thank you so much. There are no words to describe how INVALUABLE you are to this site and to all of us! hugs hugs and more HUGS!!

[logicalvelocity]

for the notice of motion part i was enquiring about..would this do?

Affidavit by the Applicant and a final order and Endorsement dated October 6, 2005.

Affidavit of ___________________________(your name) dated April xx, 2007


if the true copy of the Judges endorsement is attached an an exhibit to your sworn affidavit no need to refer to it on the notice of motion form.

lv

[logicalvelocity]

dickstacie,


your very welcome, glad to have helped.

lv