Procedural Question for Motion

[momto3]

I have a couple of questions for a Motion date coming up on Friday, I am the moving party.

My ex sent his sister today to serve me his affidavit (general), also he is rep'd by a lawer, I am self-rep'd, can this be served to me at work? The address on all of my court papers, (notice of motion, affidavit etc is my home address).

Also I am bring forth an order for s.7 expenses (interim I guess) and included my financial statement, NOA's, recent paystub, income tax returns etc. and receipts for retro-active. He is asking (just in his affidavit) that his spousal be reduced to nothing and that his child be reduced by 1/2 because the income valuation came back supporting his numbers (although this was not an income tax audit to address his write-offs as I believe that the courts do not always allow write off's if they are not reasonable nor just because Canada Rev does). My understanding is that he needed to include all of his financials and ask for it in a Notice of Motion (counter) am I correct?

One further question, he is the Respondent and his father his the co-Respondent. The process server told me that even though these issues don't necessarily apply to his father I still needed to include and serve him (the courts also instructed this). My ex's affidavit was only to me and did not include his father as the co-Respondent. Does anyone know if there is a term for this?

Thanks,

[Kenny]

Rule 6: Service of Documents says that service may be carried out to the address for service shown on the latest document filed by the person to be served, but it does not say shall. I have been served documents for other matters at my place of work before by a process server.

I know that for Small Claims Court, if can substitute serve a claim to a defendant's place of employment, but you need a judge's permission.

As for serving his father, Rule 14 says service to all parties. I don't have any personal experience with multiple parties, but I would interpret Rule 14 as everyone gets served.

As for financial information, no judge is going to make an order with financial implications when all the information is not present. Both of you will just end up returning to court I would think.

[limer]

Unless the father is added as a respondant why would you be required to serve him? Let them add him as a respondant. Has his father produced any affidavit evidence in support of his son. If he is just mentioned in an affidavit, just respond to it and to his son. He can be called at trial as a witness or if he has a claim of his own then let him get a lawyer and petition the courts. My former mother in law was added as a respondant due to property issues. My exes lawyer is representing her, and my Ex.

[momto3]

he was added as a Respondent also due to property issues.

[limer]

He is argueing he's hard done by and orders need to be changed. If there are no change in circumstances then the order will likely stick. When lawyers do financial statements the "massage" them. Take a look at his expenses vs net income. I bet his expenses are double his income. I'd just make judge aware that nothing is substantiated in his financial statement. Child support is law and is the legal right of the child not the parent.

His father is added as a respondant. I'm bet money on it that your ex's lawyer is representing the father. Just serve the lawyer along with a letter indicating your assumption, and see what kind of response you get. They're just playing games with you.