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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 05-04-2012, 02:33 PM
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Default No response to motion to change

My first time here. Great forum.
I filed motion to change form 15 to stop child support (my adult child completed 4th year university).
I hired*a serving company to serve and filed the affidavit with the court.
I received no response from my ex within the 30 days.*
On day 31 *I tried filing form 14B to vacate the first court date and to grant me what I have asked for in the motion.*
The clerk was reluctant to accept form 14B, the reason she stated was we like to give the other party a second chance. I insisted , so she said we will put a note to the judge "you're filing too early". During that 30 days there were 2 holidays, which i didn't realize don't count. whether it's the reason or not, i can't be sure.
Few days later the court called me and said judge rejected the motion 14B and I must attend the 1st court date.

What the law states:
If no response to motion to change (Form 15B), consent motion to change (Form 15C) or notice of financial interest is filed in response to a motion to change a final order or agreement under rule 15, send the case to a judge for a decision on the basis of the evidence filed in the motion.

1) if my ex still has not served me
with a response, or provided me with a request for an extension (42 days after she was served), can she still show up to court, file (reject my motion) or ask for extension?.

2)*It confuses me the part about giving the other party a second chance, because I don't know what to prepare for on the first court date.
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Old 05-04-2012, 02:45 PM
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Quote:
Originally Posted by Krenee27 View Post
My first time here. Great forum.
I filed motion to change form 15 to stop child support (my adult child completed 4th year university).
I hired*a serving company to serve and filed the affidavit with the court.
I received no response from my ex within the 30 days.*
On day 31 *I tried filing form 14B to vacate the first court date and to grant me what I have asked for in the motion.*
The clerk was reluctant to accept form 14B, the reason she stated was we like to give the other party a second chance. I insisted , so she said we will put a note to the judge "you're filing too early". During that 30 days there were 2 holidays, which i didn't realize don't count. whether it's the reason or not, i can't be sure.
Few days later the court called me and said judge rejected the motion 14B and I must attend the 1st court date.

What the law states:
If no response to motion to change (Form 15B), consent motion to change (Form 15C) or notice of financial interest is filed in response to a motion to change a final order or agreement under rule 15, send the case to a judge for a decision on the basis of the evidence filed in the motion.

1) if my ex still has not served me
with a response, or provided me with a request for an extension (42 days after she was served), can she still show up to court, file (reject my motion) or ask for extension?.

2)*It confuses me the part about giving the other party a second chance, because I don't know what to prepare for on the first court date.
Did you at least try to settle the issues around CS prior to filing the court paperwork?
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Old 05-04-2012, 03:06 PM
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Thank you for the quick response.
No I didn't, as we have no communication.
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Old 05-05-2012, 05:33 PM
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I guess no one has an answer?
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Old 05-06-2012, 12:43 PM
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Dude, you went about it ALLLL wrong. You jumped right into court when you SHOULD have made reasonable efforts to communicate with the ex.

Are you through FRO or similar maintenance enforcement? Did you follow THAT AGENCIES process to withdraw from enforcement? Both by request the ex withdraw on consent, or by completing the termination of support forms?

You skipped steps A, B and C...and are somewhere down near F at present.

Anyway:

Quote:
1) if my ex still has not served me
with a response, or provided me with a request for an extension (42 days after she was served), can she still show up to court, file (reject my motion) or ask for extension?.
Yes. Family Law is (in)famously notorious for this.

Quote:
2)*It confuses me the part about giving the other party a second chance, because I don't know what to prepare for on the first court date.
You filed before the 30 (BUSINESS) days were up. Holidays don't count. Weekends don't count. You filed too early, and now the judge is making a court date, which would allow your ex time to get her shit in order. Do you have a lawyer?

If might be a good idea for you to pay for an hour of time with one.
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Old 05-06-2012, 01:48 PM
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I pay through fro. I did of course attempt other means before going to court by filling out the fro form, which my Ex rejected.
My ex and i do not communicate. For me to contacf her, it will not go anywhere, which is why when the application with fro to voluntarily terminate the support was rejected by her, I had no other choice. I did speak with a lawyer and his advise was to go to court.
I did the same thing 4 years ago with our other daughter through fro first, then court, she did not respond etc and the court caled me a few days before the court date and said don't show up a judgement was made in your favour.
I am not approaching this the wrong way, the law is clear and followed it (except my mistake filing 14B early).
What is confusing is how someone doesn't respond within the 30 days or even 50 days, and can just show up to court.
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Old 05-06-2012, 01:59 PM
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This is where that whole pesky "best interests of the children" come into play. The courts allow late filings/etc largely due to not wanting to punish the children for the parent's airheadedness.

FRO has two forms that need to be used as part of proper process. VOLUNTARY withdrawal and Notice to End. Did you fill out and send BOTH of those? Were both rejected? The important thing is that you attempted reasonable solutions first, the ex responding is only icing on the cake. (and as the NOTICE TO END goes THROUGH FRO themselves, you should have official documentation from them indicating her refusal to end support as well as the reasons behind it.) Include THAT (if you have it) as part of your exhibit evidence.

That's process, and is required if you want to get any overpayments/court costs to have a chance in hell of going through. There was a big post on here one time about a guy who attempted to sue FRO for the overpayments that were permitted to go through. He missed one of those forms, and his suit went nowhere as a result if memory serves.
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Old 05-06-2012, 02:11 PM
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I called the fro first based on advise from the lawyer, I explained that my daughter is 22 and finished 4th year college. They told me to print out "application to discontinue". I filled it and mailed it to them.
That was the only form they mentioned and I sent.
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Old 05-06-2012, 05:15 PM
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Notice of Withdrawal

Notice to End Support

If your child is still in post secondary, then your ex has argument for support to continue until she finishes.
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