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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-07-2017, 08:42 AM
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Location: Kingston, ON
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Default Changing Order/Form 14/15?

My final court order is dated February 2017. At my uncontested trial, certain items were addressed orally and awarded but not included in the written court order. Standard clauses such as updating personal information when changed, updating when employer changed, adding child to workplace benefits. In addition, section 7 expenses.

In addition, my respondent hid a small portion of income ($1,500). The $ is not relevant, I'm trying to note his behavior by this. He was to have his income tax return to me by June 30. I have not seen this. Although, the judge did not include a beginning year (2017, 2018).

As I needed to go back to court to address this in less than six months since the final court order, I requested special permission from the court. I also stated I had a urgency and hardship due to loss of employment and upcoming section 7 expenses. Special permission was granted in chambers, via endorsement. I was directed by the judge to proceed via motion on regular notice.

I competed a Form 14 as directed by the clerk's at the family law filing window. It was accepted. I noted the items above missing from the court order, lack of income tax exchange, respondent did not obtain life insurance as directed in court order until motion submitted, not forth coming about income and section 7 expenses.

My respondent asked for the motion to be adjourned for two weeks to hire a lawyer. It was granted. He has now hired a lawyer. The lawyer is asking for it to be dismissed with costs as he claims it should be on a Form 15 due to the section 7 expenses and stated a Rule 14 motion should not proceed a Case Conference. Note: my order was issued via uncontested trial.

I am self rep. I was going to tell the judge on our motion date all of the above points. Any general thoughts or opinions on this? Inclusions or exclusions to help me? Likelihood of me succeeding in having the motion still heard?

Thank you all!
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Old 08-07-2017, 11:35 AM
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I think I forgot to say the judges endorsement stated "proceed on motion with notice"...
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