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Old 09-27-2010, 02:50 PM
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Default Procedures on a consent motion to change

As a layman DIY litigant I have a few questions relating to procedures on a (possibly) consent motion to vary a final order to end child support and cancel arrears:

1. How likely is it that the court will not grant the motion, or require the parties' attendance before doing so, given it is on consent? (I always thought consenting parties could agree to anything without it being questioned, but I'm asking this question because an Ontario Ministry of the Attorney General website advises, "Once these documents[listed by the website] are filed with the court, a judge will review the documents and either sign the draft orders or direct the parties to provide more information or appear in court to discuss the situation further."

2. Is it necessary to file an affidavit? [The list of documents to be filed per the Ministry of AG website does not include an affidavit]. If affidavit evidence is not necessary, is it desirable, in light of 1) above?

3. What are the implications if child support in the case turns out to have been assigned? What exactly does "assignment" mean; does this mean the payor now owes the social agency (assignee) instead of the former recipient? Are you now battling the assignee?

Thanks in anticipation.
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Old 09-27-2010, 04:30 PM
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How old are the kids?

What are the respective incomes of the parents?
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Old 09-27-2010, 07:39 PM
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On consent, the court can still decide that it is not in the child's best interest, and choose to vary the order prior to accepting it. If it has been assigned to an agency, that agency must also be served with all documents, and is able to protest a forgiveness in court...as some arrears may include their "processing fees".

You do not have to file an affidavit, but may be asked to give verbal evidence prior to the court affirming a consent order.
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