Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 07-09-2015, 10:16 AM
Senior Member
 
Join Date: Aug 2013
Posts: 123
Busch is on a distinguished road
Default No SHow for Motion to Change?

Hi All,


Just wanted to let you all know that I have submitted my MTC response, and I'm pretty sure its unclear and all over the place, but it's submitted and ready for action. Court date is set for Monday July 13, and I am nervous and excited at the same time. I have a funny suspicion that the ex won't even bother to show in court, which leads to my question.....
What happens if he doesn't show and just has "representation"? Do I have a better chance to have the whole Motion thrown out? The ex started the motion, he is the one with all the requests, will a judge look at the fact that he isn't there as a disregard for all his requests? How can I bring that to a judges attention if he does in fact not show? All questions, comments, concerns, and criticisms are more than welcome.
Reply With Quote
  #2 (permalink)  
Old 07-09-2015, 10:34 AM
Member
 
Join Date: Aug 2013
Posts: 72
Reality is on a distinguished road
Default

HI Busch
Don't be too excited usually nothing happens at the first appearance of a MTC if you are in Ontario. If you just finished 15B this first date is only a case conference. No orders will be made normally. You usually will not be in "court" but in chambers or some sit down room. You may get a judge assigned to your case or you can ask for one to be assigned.

You will only get to discuss and clarify issues with other party. This is where they check the paperwork and see if everything is proper to move forward. If there are financial issues, be ready to ask for what other disclosure you want. The judge or DRO (depending on region) will give their opinion on how things may go and that is it, tell people to serve and file proper paperwork if something was lacking. You will then schedule a settlement conference maybe 3 months down the road OR they can schedule another case conference. MTC's take a long time in the Ontario system.

As for your question, the person starting the motion to change MUST be at case conference not just the "lawyer" If she/he doesn't show up they will most likely give you a new date for the case conference 3 months down the road

Get ready for a long haul or hopefully you guys can settle early without trial and ongoing legal battle for in excess of a year.

Hope that helps!
Reply With Quote
  #3 (permalink)  
Old 07-09-2015, 10:57 AM
Senior Member
 
Join Date: Aug 2013
Posts: 123
Busch is on a distinguished road
Default

Thanks Reality!!
You have provided me with some great info, much appreciated!! I have submitted with my response to MTC a form 20 for financial disclosure. I'm pretty sure that that form will not get a response until a Judge orders it. Do all MTC end in trial? I already know that the ex is not willing to budge on his requests, and I'm not willing to budge on may of his either. If this is automatically gonna head for trial I have a lot more leg work to do for it. The other question I have is my ex has decided that paying child support is no longer an order that needs to be followed. He requested a certified copy of our original court order, as neither one of us had received one, and when he did so the courts sent the order to FRO. Our case it now with FRo, even though we had signed off on it....Fro didn't get those original documents. However now that FRO has called the ex...he has stopped paying all support and S7. Can this court date we have help force him to pay support...or will I be without unitl it hits trial?
Reply With Quote
  #4 (permalink)  
Old 07-09-2015, 12:24 PM
Senior Member
 
Join Date: Mar 2009
Posts: 129
scarycheri is on a distinguished road
Default

In my my experience, all my issues were settled in court during case conference. I've never been to trial. My spouse has been to court on MTC multiple times and it was settle during case conference as well. I also have a friend who the same has happened 3 times with one exception. She went to trial because her ex wouldn't budge and take the courts advice. He lost at trial.

I think a lot depends on the judge. They may send you away to settle away from the court room and sometimes they prefer to be part of the process.
Reply With Quote
  #5 (permalink)  
Old 07-09-2015, 12:30 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,048
Berner_Faith will become famous soon enough
Default

Just to add... if your file has been sent to FRO and FRO has contacted him he is no longer to pay you directly, he has to pay FRO and if this is recent it can take months for FRO to send you any money.

Is he paying FRO instead of you? Is he waiting for FRO to tell him to do next?
Reply With Quote
  #6 (permalink)  
Old 07-09-2015, 01:18 PM
Senior Member
 
Join Date: Aug 2013
Posts: 123
Busch is on a distinguished road
Default

All child support payments have stopped. He is now $1150.00 in arrears with FRO, he hasn't paid either one of us since end of may. He is also in arrears to me before FRO got involved. (close to 2500.00 for daycare and CS) He hasn't made arrangements to pay FRO.
Reply With Quote
  #7 (permalink)  
Old 07-13-2015, 12:50 PM
Senior Member
 
Join Date: Aug 2013
Posts: 123
Busch is on a distinguished road
Default

So as expected....he did not show up at court today. His counsel did. Because I was not willing to bend on any of his requests we go back for DRO in 3 weeks. Not too sure what will happen now....but we shall see. Just a tad annoyed that I took a whole day off of work for nothing to happen. It is what it is I suppose.

Last edited by Busch; 07-13-2015 at 12:50 PM. Reason: spelling
Reply With Quote
  #8 (permalink)  
Old 07-13-2015, 01:18 PM
Rioe's Avatar
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,245
Rioe will become famous soon enough
Default

Quote:
Originally Posted by Busch View Post
So as expected....he did not show up at court today. His counsel did. Because I was not willing to bend on any of his requests we go back for DRO in 3 weeks. Not too sure what will happen now....but we shall see. Just a tad annoyed that I took a whole day off of work for nothing to happen. It is what it is I suppose.
Add the day's lost wages to your list of costs to recoup if you win.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Change in Material Circumstance momtoalot Divorce & Family Law 24 04-21-2014 02:42 PM
No response to motion to change Krenee27 Divorce & Family Law 8 05-06-2012 05:15 PM
Jurisdiction for Motion to Change Hopefuldays Divorce & Family Law 1 03-08-2012 11:19 PM
Changing Your Motion to Change macdonaldgal Divorce & Family Law 0 03-05-2012 02:36 PM
Table amount change options Paytable2 Financial Issues 1 08-06-2010 04:10 PM


All times are GMT -4. The time now is 09:31 AM.