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Old 05-30-2015, 11:27 AM
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Default How to properly fill in the Response to change?

I have been served with Form 15, 15A and 13. I am now filling out the 15B, and have come to notice a few errors in 15A.
15B states "I agree with the information set out in paragraphs 1 through 10 EXCEPT as follows.
My question is when I am writing out what I don't agree must I first number my own statements, and then how do I reference the paragraph that is erred?

I will also be filling out a for 14A General Affidavit, do I also need to number each statement, and reference back to the arguments set in front of me?

Last edited by Busch; 05-30-2015 at 11:28 AM. Reason: wrong court form # quoted
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Old 05-30-2015, 05:43 PM
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Organization is your friend, for four main reasons:
1 - It makes it easier to review your own material and to put together cogent arguments.
2 - You are swearing affidavits and drafting pleadings because you want a judge to agree with you. If you reference your material to a judge as "halfway down page three", you come across as being so disorganized you probably should not be trusted with money or children.
3 - Even worse, the judge will have trouble making coherent notes for themselves; this is irritating. How often do you agree with people who irritate you?
4 - Look at how easy it will be to discuss my answer. You can talk about which number rather than vaguely restating it. Is this not easier? Does it not seem better thought out?

Paragraphs 1-10 of Form 15A are the organized paragraphs that are part of the form. They set out biographical information. State which of those paragraphs are inaccurate. It would be prudent to provide the correct information, referencing the inaccuracies to keep things clear and succinct.
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Old 05-30-2015, 11:35 PM
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Quote:
Originally Posted by OrleansLawyer View Post
Organization is your friend, for four main reasons:
1 - It makes it easier to review your own material and to put together cogent arguments.
2 - You are swearing affidavits and drafting pleadings because you want a judge to agree with you. If you reference your material to a judge as "halfway down page three", you come across as being so disorganized you probably should not be trusted with money or children.
3 - Even worse, the judge will have trouble making coherent notes for themselves; this is irritating. How often do you agree with people who irritate you?
4 - Look at how easy it will be to discuss my answer. You can talk about which number rather than vaguely restating it. Is this not easier? Does it not seem better thought out?

Paragraphs 1-10 of Form 15A are the organized paragraphs that are part of the form. They set out biographical information. State which of those paragraphs are inaccurate. It would be prudent to provide the correct information, referencing the inaccuracies to keep things clear and succinct.
So nice to see you here OL! Hope all is well.
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Old 05-31-2015, 09:12 AM
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Thank you Orleans Lawyer.
I have another question regarding 15B. I am not wanting to change the Final Order. I believe that the order is working well, (obviously more in my favor than the other parties favor) as the requests from the respondent are not in the best interest of the children. I would like to let the judge know that I am asking that this motion be withdrawn by the respondent, as there has been no MAJOR changes in material circumstances. I don't want to waste my time or that of the courts, however if the respondent does not want to withdraw the motion, where do I let the judge know what I would like to have happened?
For Example, Respondent wants to reduce child support due to a decrease in income. Respondent quoted a "projected" income of 23K for this year. that would make child support payable at 346 per month. (down $200 of current amount being paid) However 23K is his amount in USD, and no where in the 15 or 15A did he make mention of this. If this motion to change is going to go forward, I would like the judge to impute an average exchange rate of the last 4 months from the Bank of Canada, and then base CS on that new number. Do I bring that to a judges attention in a form 14A? Or should I put that in #7 on 15B?

I have so many questions, but I would like to make sure that I am not spending time amending documents that I have already spent time on....and I would like a judge to understand exactly what I am requesting, and the reasons how.
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Old 05-31-2015, 02:15 PM
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Default What is the likely outcome? Ex refuses SA centre

Oops sorry meant to start new thread

Last edited by Littlemommy; 05-31-2015 at 02:16 PM. Reason: Meant to start new thread
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Old 06-01-2015, 05:50 PM
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Quote:
I would like to let the judge know that I am asking that this motion be withdrawn by the respondent
If your argument is that there was no material change in circumstances, then your Form 15B will be simple.

Detailing other information - for example, "23K is his amount in USD" - could be included in your supporting affidavit. You are using the information as part of your rejection of his relief.

In effect, you are saying:
"Motion should fail because no material change, but if there has been a material change, it should still fail / not be entirely successful because of ...".
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Old 06-02-2015, 09:56 PM
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Ohhh there has been material change in circumstances, but I don't feel that the changes are enough to warrant a change in the final order.
Order was created 12-10-12.
-Income was imputed for lack of financial disclosure, and with the motion to change comes the same thing. Information is not up to date, nor is it complete.
Ex wants CS reduced based on an income amount that it not true, nor has there been an exchange rate added to it to make CSG useable.
-EOW for access. Access has not been exercised on a regular basis since 2014.
-Meeting location was 1/2 way between both of our "homes". Ex moved 235 KM to be with new wife, and now wants me to meet half way, or reduce child support to accommodate his travel expenses and the time that he has to spend in a car to exercise access. No mention of the time that the children spend for a round trip in the car?!
-s7 split 60/40. now wants 50/50 split as "income has changed, and he no longer feels the need to pay"
- wants me to provide clothing to access weekends, as I have the children 90% of the time and feels that I should be providing for the children. I would agree, however clothes come back ripped, torn, stained or even cut. and if things like gloves, hats snowpants are forgotten, it's hard to get them back as he lives 235 KM away.
The whole motion to change is only to reduce CS because he has moved and taken a lower paying job. His words were "I took a job in the same field, however the rate of pay is drastically different in the state of XYZ". I have done research and a person with his experience should be making 3.46 more an hour than he is claiming.
How do I bring all of this to the judges attention?
We have a court date set for July, but I'm not sure that we will see a judge. I think it will be DRO. Should I insert all my arguments as to why I don't agree to the change before our court date? Or wait until we see a judge? Sorry for the long post.
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