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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 11-06-2013, 03:58 PM
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Question Motion Help (Form 14B)

My brother is the custodial parent and support recipient.

He has requested from his ex in August (via email) her 2012 T4 and NOA. She replied "why do you want it".

He send a 2nd email end of September stating something like "2nd request ... further to my email of Aug 25th, I have still not rec'd your 2012 T4 or NOA, please provide". Again got an email back "why do you want it, what games are you playing".

I advised him to print off his 2 emails and then type out a letter stating "3rd request" and send it Registered Mail (along with the 2 email printouts) which he did and he has proof she rec'd but still no disclosure.

From what I can gather, you can file a Motion 14B:

"If your motion is for something procedural or uncomplicated, you can file a Form 14B motion form. If you have been served with a Form 14B motion form and want to respond, you must serve and file a response within 4 days. If you do not file a response, the motion will be treated as unopposed."

I'm assuming he'd have to check off "with notice to all persons affected — opposition expected" ... is that correct?

What would be the wording that he would put in for where it says "Order you want the court to make" ... basically he just wants the judge to order her to disclose her income. I'm able to provide him with rules from the Federal Child Support Guidelines and Family Law Act as reference


Am I missing anything?

TIA
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Old 11-06-2013, 04:19 PM
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Would it kill him to send back a simple "I need the information so we can adjust CS and section 7 amounts as per our agreement" answer to her question? If this is their first adjustment since the agreement was signed, she may not remember or understand that part. Just repeating the request and jumping to court the way you describe it here makes him look like a jerk.
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Old 11-06-2013, 04:28 PM
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She knows WHY (after the 1st request they went back/forth with a dozen or more emails) ... I didn't feel the need to put in a huge back-story as my post seemed long enough

Can you (or anyone else) answer the procedural question I posted regarding to filing a Form 14B motion?
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Old 11-06-2013, 10:41 PM
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Quote:
Originally Posted by DunnMom View Post
She knows WHY (after the 1st request they went back/forth with a dozen or more emails) ... I didn't feel the need to put in a huge back-story as my post seemed long enough

Can you (or anyone else) answer the procedural question I posted regarding to filing a Form 14B motion?

http://www.attorneygeneral.jus.gov.o..._change_EN.pdf
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Old 11-07-2013, 07:27 AM
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Quote:
Originally Posted by MS Mom View Post
Thank you MS Mom but I don't think that answers my question because this is not a Motion To Change at this point. It's simply asking for the judge to issue a Order on a procedural issue. The sep agreement and more importantly the law states that she is to provide him with her NOA once a year and she's simply outright refusing to.
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Old 11-07-2013, 10:34 AM
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Is there already an order for CS in place?
If so, I would think you want to make reference to that order and what it states re: annual exchanging of information for CS calculations.
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Old 11-07-2013, 10:44 AM
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Quote:
Originally Posted by DunnMom View Post
Thank you MS Mom but I don't think that answers my question because this is not a Motion To Change at this point. It's simply asking for the judge to issue a Order on a procedural issue. The sep agreement and more importantly the law states that she is to provide him with her NOA once a year and she's simply outright refusing to.
If she has to supply her NOA each year, it should be to adjust the CS amount if that's what the agreement states.

If her income has gone up, she should be paying more CS. If her income has gone down, it would be less.

We can all make a good guess as to why she doesn't want to supply it.
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Old 11-07-2013, 11:32 AM
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Quote:
Originally Posted by DunnMom View Post
Thank you MS Mom but I don't think that answers my question because this is not a Motion To Change at this point. It's simply asking for the judge to issue a Order on a procedural issue. The sep agreement and more importantly the law states that she is to provide him with her NOA once a year and she's simply outright refusing to.
You already have an order stating that she provide the NOA in the previous agreement.
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Old 11-07-2013, 11:36 AM
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My ex did the same - refused to provide it as agreed upon.

Eventually I emailed his lawyer (after 20+ attmpts trying to get it from him). I got it within a week.


But if you make a motion to change child support, she'll have to provide NOAs/financials, and the judge will not be happy for the delays and refusals.
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