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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 07-06-2015, 12:08 AM
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Default More Motion to Change Questions

Hi everyone, I have some more questions. I'm sure its just us interpreting things too literally so we wanted to clear them up.

1) We read that a Motion to Change is treated like a new application and therefore a case conference has to be held before a motion can be filed. If the application is technically a motion itself does this still apply? On the form the box checked says "No Court Date Has Been Set For This Case. A case management judge will not be assigned until one of the parties asks the clerk of the court to schedule a case conference and serves a Conference Notice." We are assuming that he should just proceed with filing the reply and then wait for her to schedule the conference?

2) If he wants to raise a new issue in his reply is that possible or do we have to just reply to these issues and start a new application for the others?

3) On the actual Form 15B if he is making his own claims, agreeing to the updating of child support only, and he wants to ask for costs, can we click boxes 4, 5 and 6? 6 says "I am asking that the motion to change (except for the parts with which I agree) be dismissed with costs" so to us this box would not be checked if we have other claims but he just wants to be sure we don't fill the forms out wrong after all the work that was put in for the affidavit.

4) Since we have set out in his affidavit that he wants to maintain the status quo with joint custody but in the alternative he wants sole custody, should we just strike out those paragraphs on the form and say "See attached affidavit". We know the rules say that an Affidavit can be used along with it but it wasn't clear to us if you still had to fill the form out.

5) In her application she is requesting amounts for Section 7 expenses that he does not agree are valid S.7 expenses. She did not include a financial statement or proof of the expenses. Should he submit a financial statement and evidence that she has provided incorrect numbers (he has the forms from the schools showing the amount of the trips)?

6) Finally (hopefully), do we submit two 35.1 affidavits - one for the joint custody and one for the back-up sole custody claim? He does not want sole custody, he just does not under any circumstances want her having it.

Thank you all again for the information you have given us!
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