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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-16-2015, 08:11 AM
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Default Lies in response to a motion to change.

I have recently served my ex a motion to change. Her response contains several flat out lies. Do I need to file something to deal with this? Do I address it at the case conference? If so, how do I do it? I have never dealt with this before. Any insight would be greatly appreciated.
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Old 08-16-2015, 10:53 AM
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You need to be more specific...what are exactly the lies
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Old 08-16-2015, 11:26 AM
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You need to be more specific...what are exactly the lies
My ex has stated that I have consistently refused to take our children to any after school activities and that she has been forced to travel from her home on my scheduled days to ensure that the kids could attend the events. Both are completely untrue. She has also claimed to have both our children 50% of the time while my 18 yr old son has been staying with me more than 60% and has said that he plans to continue this. She also had him sign an affidavit the her lawyer prepared stating that he spends more time at her house than he acutely does. She told him that if she didn't get support payments from me that she would be able to afford to have him at her house. (She has recently started a new job where her pay increase doubles the amount of support I pay.)
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Old 08-16-2015, 12:21 PM
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FYI - I note some inconsistencies in your previous posts with regard to your 18 yr old. In one post in July you state he has been living with you (over 60%) of the time for 1 year. In another post you say he has been living with you since 2015 (that would be 8 months). Judges note when people exaggerate. Hopefully you have a lawyer who will look over your affidavit prior to it being filed in court.

If your 18 yr old has signed an affidavit stating he lives with your ex the majority of the time I would be having a talk with him about importance of telling the truth. Perhaps he is just trying to please both parents? His affidavits will swiftly be disregarded by the judge and his affidavit deemed not credible. Hopefully you will have the sense to keep him out of the fray.

Who gets their kids (adult or not) involved in this stuff anyhow????

Were the after-school activities something that you both agreed upon? If not, I don't believe that you can dictate to one another what they opt to do with the children on their own time.

Is the 18 year old still considered "child of the marriage"? (full-time attendance at school?)

Keep in mind that people lie all the time in Family Court. One can almost expect it when affidavits are flying around. A competent lawyer who has good "client control" can make all of the difference by scrupulously examining his client's statements. Have you actually seen an affidavit that your ex is purporting that your son has signed? Do you have a lawyer?
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Old 08-16-2015, 01:01 PM
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Quote:
Originally Posted by arabian View Post
FYI - I note some inconsistencies in your previous posts with regard to your 18 yr old. In one post in July you state he has been living with you (over 60%) of the time for 1 year. In another post you say he has been living with you since 2015 (that would be 8 months). Judges note when people exaggerate. Hopefully you have a lawyer who will look over your affidavit prior to it being filed in court.

If your 18 yr old has signed an affidavit stating he lives with your ex the majority of the time I would be having a talk with him about importance of telling the truth. Perhaps he is just trying to please both parents? His affidavits will swiftly be disregarded by the judge and his affidavit deemed not credible. Hopefully you will have the sense to keep him out of the fray.

Who gets their kids (adult or not) involved in this stuff anyhow????

Were the after-school activities something that you both agreed upon? If not, I don't believe that you can dictate to one another what they opt to do with the children on their own time.

Is the 18 year old still considered "child of the marriage"? (full-time attendance at school?)

Keep in mind that people lie all the time in Family Court. One can almost expect it when affidavits are flying around. A competent lawyer who has good "client control" can make all of the difference by scrupulously examining his client's statements. Have you actually seen an affidavit that your ex is purporting that your son has signed? Do you have a lawyer?
Yes my son is still a child of the marriage. He is enrolled in school. He has been with me more than 60% since July 2014. I think that in my previous post I said he has been staying with me for the last year. Meaning July 2014 to present. I will review it in case I mistyped something or was unclear... I do not have a lawyer. As I currently pay a set-off support amount that is relatively small (about 350). I feel that it would take a year or more to recoup the cost of a lawyer. I didn't think my ex would take such drastic steps... I have seen the affidavit. She filed it with her response to my MTC.

As for the activities, her statement is a total lie. I have never refused to take my kids to anything. In fact, my daughter volunteers at a youth group and has stopped going on her mother's scheduled time.

I have spoken to my son about the importance of telling the truth. I have also talked with him about making decisions (such as where to spend his time) based on what is best for himself and not based on what his mother or I want. I told him that it is unfair to ask him to choose between his parents.

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Old 08-16-2015, 01:11 PM
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When did your son sign an affidavit for your ex?
I would encourage you to see if OCL would represent your son in this matter. [edit - your son is 18 and likely doesn't qualify but doesn't hurt to verify this]. He could alternatively get free legal advice from Legal Aid.

I suspect (not 100% certain as I'm not a lawyer) that the affidavit your son has signed, with no independent legal advice, would be invalid.

Both you and your ex are obligated to provide full financial disclosure.

Last edited by arabian; 08-16-2015 at 01:35 PM.
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Old 08-16-2015, 01:21 PM
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You might find this case to be of interest to you.

https://www.canlii.org/en/on/onsc/do...&resultIndex=8
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Old 08-16-2015, 02:39 PM
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If your wife is making the assertion that you are not cooperating somehow in after school activities...just simply state "this is untrue." She has to establish that is the case.

More importantly for you is the onus for proving "material change". Has enough changed in your case to overturn the previous decision?

Forget what she claims (she has to prove it), but you have to PROVE there has been significant change. That's damn hard.
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Old 08-16-2015, 06:26 PM
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Quote:
Originally Posted by Dmahaffy View Post
She told him that if she didn't get support payments from me that she would be able to afford to have him at her house. (She has recently started a new job where her pay increase doubles the amount of support I pay.)
How does her pay increase also increase YOUR support payment?
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Old 08-16-2015, 09:58 PM
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Quote:
Originally Posted by SadAndTired View Post
Quote:
Originally Posted by Dmahaffy View Post
She told him that if she didn't get support payments from me that she would be able to afford to have him at her house. (She has recently started a new job where her pay increase doubles the amount of support I pay.)
How does her pay increase also increase YOUR support payment?
I interpreted that to mean that her raise was twice as high as the CS amount he pays. So what she told the child is clearly a lie as her new salary is the more than her old salary plus his CS to her.

I'm also assuming he intended the word 'not' to appear in his post.
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