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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 02-18-2016, 03:49 PM
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Default Question in respect of decisions

Hi,

First of all, I am in divorce proceedings and I am self represented.

I have applied for interim spousal support in November of last year. The court reserved decision.

Finally, after a four months wait, the court released the decision and I am awarded spousal support. The court's reserved decision is entitled "endorsement".

Question 1: is it normal to wait that much for a decision to be released.

Question 2: is this "endorsement" released decision tantamount with a court order? Or, do I need to do anything special and additional to it, to transform it into a court order?

Question 3: How do I enforce an order for spousal support?

Any pointers in this respect would be greatly appreciated as this is my first divorce, hopefully the last

Thank you,

Dana
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Old 02-18-2016, 06:21 PM
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1: yes, that delay length is fairly typical (and dependent on which area you are in);

2: no, the endorsement is not a court order. You now need to draft a formal order based on the terms of the endorsement, have approved by the other party as to form, and then filed/signed with the registrar;

3: file the final signed order with FRO.

Thanks to the lsuc.on.ca and lawhelpontario.org for the how to guides/links below:

How to Issue and Enter an Order | The Law Society of Upper Canada

https://www.lawhelpontario.org/lawsu...e-enter-order/
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Old 02-18-2016, 07:25 PM
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Thank you for your quick reply.

Additional question: the endorsement states that the costs are to be determined in 3 weeks. Shall I send a draft court order to the other party and state "the costs are still in dispute" or DO I HAVE TO SOLVE the issue of costs before I send a draft court order to the other party?

Much appreciate it.
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Old 02-18-2016, 07:37 PM
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Actually Dana, I'm logged into a program now doing some other stuff, and I think the two links above refer to the Civil Rules forms - same process, but if you are in Ontario you'll need to be using Form 25 Order(General) to prepare your draft.

Last edited by mcdreamy; 02-18-2016 at 09:11 PM. Reason: Eta clarification
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Old 02-18-2016, 08:23 PM
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You have other matters still outstanding on the divorce proceedings to settle? Then you are drafting a temporary order on SS only at the moment.

Re: your additional question - you'll check 'temporary order' and you'll add a subparagraph re: costs as yet to be determined as per the wording of the endorsement. Your draft temporary order should follow the wording and spirit of the endorsement,

Do you have an adjournment date to your next CC?
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Old 02-18-2016, 10:30 PM
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Hi,

I am in Ontario, and yes you are right , I looked it up myself as well: I need to fill out Order General Form 25 as per the Ontario Family Law Rules.

I believe the next court date is a Settlement Conference at the beginning of April, but I need to double check. We already had the Case Conference, and this motion in respect of spousal support.

Another question: I have seen that, since this is interim spousal support, there are no rights of appeal, however my spouse can ask for leave of appeal to the Court of Appeal. I know that is a long shot, but that begs this question: Can I serve form 25 onto the other party BEFORE his right to ask for leave of appeal has lapsed?

I can find nothing in the Family Law Rules that prevents me from doing so, so I believe I can, but I need confirmation.

Thanks so much, you've been a real help !!!
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Old 02-19-2016, 01:30 PM
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No, I agree -I don't think there is any reason for you to delay serving the draft Order. Is the other party self-rep as well?
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Old 02-19-2016, 03:24 PM
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Quote:
Can I serve form 25 onto the other party BEFORE his right to ask for leave of appeal has lapsed?
Yes.

Quote:
DO I HAVE TO SOLVE the issue of costs before I send a draft court order to the other party?
People can agree on an amount of costs, or if they cannot the judge makes a decision. This requires parties to file cost submissions (or argue it orally), as requested by the judge.
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Old 02-19-2016, 08:38 PM
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Quote:
Originally Posted by mcdreamy View Post
No, I agree -I don't think there is any reason for you to delay serving the draft Order. Is the other party self-rep as well?
Nope, they have a lawyer. I will serve the draft Order first thing Monday morning.
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Old 02-19-2016, 08:39 PM
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Thanks you guys for your help. I dunno what I would have done without y'all

Thx again.
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