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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 01-07-2017, 02:28 PM
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Default How many adjournments can you ask for?

A quick re-cap!!I filed a motion for increase child support in Aug. of 2015 based on his increased earnings. He responded with a bunch of requests that skirted the increase request. In Aug. of 2016 at a settlement conference, I was able to get the judge to order substantial increase in CS based on his current earnings. There still remains over $2000.00 in arrears, which ex says he'll address along with his other requests for changes in the current order at a trial. I do most of the legal work myself but have retained a lawyer who assists me in making sure I'm following the right paths. He has been fantastic and very reasonable. After the settlement conference, we had a court date to set a trial date. His lawyer requested an adjournment, which we agreed to. A new date was set in Dec. to get a trial date and again they requested an adjournment which we agreed to. A date to set trial is again on the calendar for the end of the month and I expect the same. There is nothing to go to trial over. I have sent his lawyer letters agreeing to all ex has asked but don't get a response. It appears that ex is prolonging the debt of $2000. He makes a great salary and there is no reason for stalling. Question: How many times can he keep asking for adjournments? How do I proceed should he continue to do so? I just want to end this! Thanks for letting me vent. All comments are appreciated.
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Old 01-07-2017, 03:25 PM
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Register with FRO and let them collect the money for you. Simple. You have an Order.
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Old 01-07-2017, 05:12 PM
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Default Fro

Arabian: I am registered with FRO. My ex is of the opinion that the arrears are not legitimate and that's why he wants a trial. Trust me- the arrears are legit and that is 100% certain. That is what boggles me. He says he wants a trial but won't set a date.
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Old 01-07-2017, 05:34 PM
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If FRO has the order then they are obligated to collect are they not?

My ex (in Alberta) received many adjournments at one time. He ran through all of the excuses (without counsel, changing counsel, conflicting schedule etc.). I recall being very frustrated by the process but my lawyer wisely advised me that even if we objected my ex would likely be given leniency from the court. Eventually my lawyer requested a case management judge. This meant that the senior judge of court appointed a judge to manage our file and, sure enough, matters proceeded as ex's counsel then became more accountable to the court.

You could ask your lawyer what he thinks of proceeding with summary judgment, or failing that, case management?

Last edited by arabian; 01-07-2017 at 05:38 PM.
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Old 01-07-2017, 05:38 PM
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Here is a link for info about summary judgement (or here it is called "summary disposition"):

https://www.attorneygeneral.jus.gov....isposition.php
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Old 01-08-2017, 12:56 PM
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Quote:
Originally Posted by niagaramom View Post
Arabian: I am registered with FRO. My ex is of the opinion that the arrears are not legitimate and that's why he wants a trial. Trust me- the arrears are legit and that is 100% certain. That is what boggles me. He says he wants a trial but won't set a date.
A date will eventually be set. Patience is required when dealing with this kind of stuff. It could take over a year to get there though. But, the judge will order interest on the arrears if you ask for it. So don't forget to!
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Old 01-08-2017, 01:37 PM
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Default Patience Required!

I agree with the above advice. Thank you! I am fortunate and thankful that I was able to get CS ordered to where it should be. I know that eventually the outstanding arrears will be looked after as well. I will see what happens with the next scheduled assignment court date. It may be that as suggested, I have a consult with my lawyer to speed up the process, if such is possible. I have learned that Family Court is unique in it's operation and that patience is a virtue. Thanks for the good words!!!
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Old 08-19-2017, 11:12 AM
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Default Finally done!

Almost 2 years to the day after filing a simple motion to increase child support payments to where they should be, a final order has finally been signed. Support is what it should be, arrears have been addressed and a payment schedule is now in the order.I had had enough with ex's continuous requests for adjournments, delays with changing lawyers, foolish settlement requests, etc. We finally had a trial date set despite a lot of opposition from ex. who kept saying we could settle. I knew it was totally stall tactics to avoid his financial responsibilities. Four days before the trial, he agreed to everything. I was so happy that I stood firm and not given in. I want to thank the forum for their advice, especially the one's who advised to remain patient and continue on. Just wanted to add an update. Thanks again forum.
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Old 08-19-2017, 04:29 PM
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Congratulations!

Hope your future is smooth sailing and that FRO is successful in collecting the money owed to you.
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Old 08-20-2017, 05:23 PM
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Incredible but true. It's funny how custodial parents worry if their arrears are going to be paid to them. I will answer this anxiety at once; YES. Don't worry. The system works for you, just sit back and wait. I would even say that you can start spending the money right away as it is just a matter of time before you get it. It's the law and the right of the child to get that money own to you.

On the other hand; when the custodial parent is a "gatekeeper" and would not allow more access or any access, the non-custodial parent must fight in Court to get more access and this is not guaranty. Even worst... there is no arrears on access. It's the law and the right of the child to get more access with the other parent as per the "Maximum Contact Principle" but... this is just to look good in writing... to apply that principle is a nightmare. The system works against the non-custodial parent.
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