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Old 10-11-2012, 03:09 AM
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Hi everyone I have been reading post from this site for a very long time now and now it seems to be my turn to seek advice.
Long story short nine years ago husband and i decided to move to a different province. My child and i came first husband began cheating before meeting up with us the marriage ended. We went to court here in Ontario i was granted custody. Visitations across provinces were agreed upon and internet access. He was not working child support order was in the court order he was to start paying as soon as he started work. And send tax papers every June. Our child went for one visit, a couple internet meetings were done then my ex stop contacting. I called the number i had and was told he no longer lived there and moved to the states. Not a word from him.
Over the years I have talked to lawyers and was told I could not do anything unless I had an address. Now eight years later I get a court paper asking for divorce from B.C he filed no lawyer. I have no lawyer or funds to get one and was denied any advice due to its now a divorce. No address was given from him so I may reply and info was incorrect. I contacted the courts two weeks later I was granted to serve my counter claim on the courts. Now months later through email I got an order from a lawyer to appear next month for a case conference. I am sending a request to do the meeting by phone.
My question is what other papers should i be getting ready or do I have to wait for the next step. Any advice would be very helpful doing this all alone. I have no objection to the divorce just about not getting any child support our child will be starting to apply for college this year.
Thank you
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Old 10-11-2012, 10:57 AM
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Usually filings are done where the child resides and it is up to him to make arrangements to attend at the child's location, so you should be filing in your region.

You can indeed do something, with or without an address. You can file an ex-parte motion however to do so you must show that you have exhausted avenues to locate him. If you've received something from his lawyer, you now have a point of contact to reach him. File for a CS order and have the entire thing moved to your jurisdiction.

Hopefully someone who can offer some more detailed info for you will chime in.

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Old 10-11-2012, 10:39 PM
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And if anyone tells you that the child is too old for that much CS arrears, remind them that the huge expense of University is coming up.
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Old 10-11-2012, 10:57 PM
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I believe a divorce order will not be issued until Child Support has been settled. I think the actual application for divorce requests that the party applying for Divorce confirm that Child Support and Custody etc have been settled and proof be attached in the form of a (final) family court order.

You submitted a counter claim, was this related to Child Support? Have you filed an application for Child Support already?

If he needs to get the Divorce finalized sooner then later, there might be an incentive for him not to drag this out and try and settle. In which case the upcoming case conference would be valuable.

Have you submitted your case conference brief outlining the outstanding issues and a proposal on how these can be settled? Participate in the Case Conference, with more then one proposal in mind and be prepared to argue why it is reasonable for him to settle instead of prolonging the inevitable.

Last edited by Nadia; 10-11-2012 at 11:23 PM.
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Old 10-12-2012, 12:10 AM
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hi you all are great thank you!
Other than the counter claim I filed months ago this email is about the case conference is the first thing I've heard. and it says reply to the court house.
I have sent an email asking if the sender is his legal counsel and 4 days now no reply

now I've been trying to find out do I have to file a motion for change about the child support to b.c or in Ontario. I understand the child support must be settled for the divorce so the lawyers at the court house here just say follow b.c laws. will it make a difference it first went to court here,confused to where to file a motion . and with out and address for him and the email sender not replying where would i send it.?

As for the case conference I'm searching online for brief outline or do I just make one up?
thank you all so much
  #6 (permalink)  
Old 10-12-2012, 10:56 AM
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You might get more informative responses if you re-post your questions under a new thread.

Perhaps consider re-posting as "Child Support and Jurisdiction?" and then outline a background as you have done above, followed by some key questions, for example:

1. The Case Conference scheduled by the opposing party in BC. The child is in Ontario and has been since...can I have the Case Conference moved to Ontario? If I choose to proceed in BC via telephone conference, what do I need to file in respect to paperwork in BC? What is a reasonable proposal to put forward given the particular circumstances? What financial disclosure is needed from the other party in order to determine amount of child support? NOA, Paystubs etc for the past years? All this can be requested in your case conference brief.

2. Filing a Motion to Change for Child Support in Ontario? (Based on the assumption that you already have some sort of order in place related to this?) What do I need to complete in order to get the process started? What are the benefits (if any) filing the paperwork in BC? How do I go about transferring the file to Ontario?

In Ontario you need to file a Form 17a (Case Conference Brief). This needs to be served upon the opposing party seven days before scheduled case conference. I am not sure if you can use the same form for BC, but someone on this board from BC should be able to assist.

Last edited by Nadia; 10-12-2012 at 10:59 AM.
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Old 10-18-2012, 02:29 AM
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Hi all thanks so much for the feed back. I have been researching everything and looking into all advice. so here is my update
I sent the court a request to take the meeting by phone. it give me a month. I decided contacted my child's school to gather very updated info in reguards to his disability ,contacted my old work for letters to confirm I was medical ordered to leave my job along with medical notes. my reasons for this are to Amend my counterclaim with more facts due to not having them at the time I had to file. I was told to add all the information of course because it makes my case stronger for both child support and support in hopes to coming to an out of court agreement. And I am working things out with family that way who have offered to help me travel if it comes to court.
I have yet to get any papers from his lawyer (yes he has one now) since getting the CC order Oct 3

please feel free to tell me what you think. All feed back welcome
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