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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 03-27-2014, 08:20 PM
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Default Received reply to Motion - no financials? What now?

Hi everyone,

After almost 8 years divorced, I decided to file my Separation Agreement with the Family Branch of the Superior Court along with a Motion to Change.

Today. I was served a reply to my Motion within the agreed upon time period. Now that I have read it over, I have some questions I am hoping some of you out there might be able to help me with.

Also, Our First Appearance was scheduled at the time of filing. My ex told me he wasn't attending nor sending a representative because if is a waste of time. He said he felt we could go right to the Case Conference in front of a judge. Today I received an email asking for my agreement on a new date so he could fill in a form to submit to the Court.

1. I have received his reply (without consent). Can I deny his request and still attend the originally scheduled First Appearance?

2. The reply I received today did not include any income tax returns or assessments. Instead, there was a document from Revenue Canada showing he hasn't filed his taxes since 2011. Does this make the Financial Statement incomplete or is last year's T4 and a recent paystub adequate (that is all that was provided)

I am sure I will have more questions as we move through this process but any advice on the above two questions would be great.
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Old 03-28-2014, 06:35 PM
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My ex didn't reply to the Motion with financial statements, or anything really. He was given a 30 day extension at first appearance, still didn't produce them at case conference. I just received the necessary information and settlement conference is next month.

Be cooperative, just agree to the new date, and move forward. Be prepared yourself, and ask the judge to make the order to produce financials, and other needed documentation when you have that opportunity. None of this moves fast at all.

Make sure you're prepared, that's all you can do. He'll conduct his case in the manner he wishes, and it will probably backfire on him along the way.
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