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  • Settlement Conference Adjournment?!?!?

    Ex has requested an adjournment to our Settlement Conference. SC is Jan 27. Can he do this? I don't want to adjourn. There is no reason for it!!! What are my choices?!?! Can he really do this!?!?!?

  • #2
    Yes a settlement conference can be adjourned, and if's the first request it's likely to be granted (depending on the issues in the case).

    What is his reason for the request?

    Comment


    • #3
      His reason for request is "potential surgery" and financials are not complete and up to date. Which should have been done, filed and served as of Jan 13,2016!
      This is HIS motion to change, This will be the 4th court appearance that we have had to be at and he still has yet to appear!
      This is sooo frustrating.
      He has no case, and yet we are still wasting the courts time.
      Must I agree to this? Can't I just go to court without him?

      Comment


      • #4
        There's not enough information about your case to know for sure what is appropriate here.

        You can refuse to adjourn the conference, but the judge might order it adjourned anyway, and then you've attended for no reason. Also, if the judge determines an adjournment is reasonable and you're unreasonable, they could order costs against you for not agreeing.

        If you're not prejudiced by the delay then there isn't much of a reason to say no.

        Comment


        • #5
          Originally posted by Kinso View Post
          There's not enough information about your case to know for sure what is appropriate here.



          You can refuse to adjourn the conference, but the judge might order it adjourned anyway, and then you've attended for no reason. Also, if the judge determines an adjournment is reasonable and you're unreasonable, they could order costs against you for not agreeing.



          If you're not prejudiced by the delay then there isn't much of a reason to say no.

          Coles notes: ex moved to us, refused to pay support, filed mtc to reduce support, keeps ditching court. At least thats my take on it.

          Comment


          • #6
            Thanks rockscan

            Your ex should be paying support unless there has been an interim variation pending the outcome of his motion to change. Doesn't seem that's the case.

            Until he shows up to court and successfully demonstrates why he shouldn't pay child support those arrears are going to be owing.

            Is the local jurisdiction enforcing the order?

            Comment


            • #7
              Thanks Rock.....you always seem to remember what's what with my situation. Love the coles note version.


              Kinso, Local jurisdiction is not enforcing...we signed off on FRO in the beginning 2012....before the move to a different country. EX has been advised to pay according to last order dated 2012. He is not....not much I can do I suppose. Reduction of child support at his request. Financials not accurately provided. Was told at Second DRO Conf to show up to court and provide financials. Surgery is NOT Scheduled for our court date....it's just "pending"....has been since December when he sent me an email stating he can't see the children over the holidays because of pending surgery. And agent told other reason that he wants to adjourn is because financials aren't complete. He was told in OCTOBER to complete.
              My request is to have the whole motion thrown out. No increase or decrease in support...just pay the support allocated and visit our children as he agreed to do. EOW. without fail?!?


              One week before SC and now he wants to adjourn because he isn't prepared?! Doesn't want to feel the wrath of a judge for not being prepared with Financials? His request to reduce child support and he can't provide proof of change in financials?


              Just frustrating. I don't want to adjourn. I want a final order stating what needs to be paid and then I will submit to have ISO and enforcement completed. Selfish I'm sure....just want to know if I have to agree to the adjournment?

              Comment


              • #8
                No you don't have to agree with the adjournment request.

                Might be worth moving for summary dismissal if he's not moving the case forward and it's impending your ability to enforce support.

                Hryniak v. Mauldin (SCC) talks about the purpose and positive aspects of summary judgments. Might be worth considering to see if it applies to your case.

                Comment


                • #9
                  I don't understand how his request to change affects you? HE is still ordered to pay the old amount... you have an unrelated collection issue it seems....

                  Comment


                  • #10
                    Originally posted by Links17 View Post
                    I don't understand how his request to change affects you? HE is still ordered to pay the old amount... you have an unrelated collection issue it seems....
                    Maybe because he put forth this motion and they have already been to court 4 times where he didn't show up. Why should OP have to keep wasting her time going to court for his motion when he doesn't show up?

                    Sent from my SM-T560NU using Tapatalk

                    Comment


                    • #11
                      Originally posted by Berner_Faith View Post
                      Maybe because he put forth this motion and they have already been to court 4 times where he didn't show up. Why should OP have to keep wasting her time going to court for his motion when he doesn't show up?

                      Exactly. He started this motion and now hes walking away. Methinks its all because hes expected to provide disclosure which he doesnt want to do. Or he thought you were going to roll over and give in. If its possible, you should argue for dismissal. Hes had six months to provide financial disclosure on HIS application. If he was serious he would have had that WITH his original filing!

                      Comment


                      • #12
                        sooo...just got another phone call from Ex's legal rep. I stated that I was not interested in adjourning. She then stated that Surgery is scheduled for 2 months from now....but ex needs to adjourn because his financials are not complete. He must wait for his taxes to be done to have an accurate number for income. I stated NO, as per the DRO...he needs his last paystub for the year to prove his income. Legal rep then states that ex is self employed and must have taxes done for true income numbers. Odd....his form 13 doesn't claim he is self employed.... She also stated that he just wants to reduce child support to minimum wage as he has been injured since the beginning of the year and isn't making money to pay child support. She is all over the place with her story, as he is with his. Neither one of them can keep it straight!!
                        I will be going to settlement conference next week. legal rep has stated that she will let the judge know that ex is requesting adjournment and that I am the difficult party who chose to waste the courts time.


                        Wish me luck! I just hope that I get a chance to verbally explain why I chose to not adjourn, and present my reason for having the motion dismissed. I would like to file something to end this whole thing and let the ex know that he is not above the law....but as a self rep working full time.....I just don't have the time to research what my options are!

                        Comment


                        • #13
                          Actually if he is indeed self-employed the tax return will be of little benefit to him (he is obviously going to try to expense-off his income).

                          Stand firm. It takes very little time to prepare a tax return for a small proprietorship/self-employed.

                          He should be more concerned about documentation from physician attesting to his "disability." With that in mind the judge may give him an adjournment to get this in order, particularly if you are opposing this.

                          Comment


                          • #14
                            You would think that as a self employed person he would know his billings. However, he was attempting to impute a minimum wage non? So why worry about taxes etc when he just wants an imputed income.

                            If you get a chance to counter (and you should) maybe point out that hes had six months to provide proof for his motion. He would have been able to use his 2014 income when he filed that motion and you would prefer either a judgement or a dismissal of the original motion. If it gets dismissed then he can take all the time in the world to refile.

                            I cant recall though, is there an original order that has been filed with FRO?

                            Comment


                            • #15
                              Ex wanted CS reduced to reflect a "projected income" of 23k. He forgot to mention that this income was in USD. If you take his income as per documents provided in his Sworn Form 13 his wage per hour times 40 hours per week, times 52 weeks of the year, and then use current Bank of Canada currency exchange rate, His income becomes 40k. Up from the imputed 38K for lack of financial disclosure. FRO has our original Court order, but should not be enforcing it as we had already agreed not to use FRO. I want new order stating that FRO is to enforce.....I want all S7 arrears paid in full, enforceable through FRO, since all arrears are from before he even filed MTC.
                              His MTC filed 05-15...states he is working for XXX company. attached is pay stub. Doesn't tick off "self-employed", and forgets to mention that he is injured and he is collecting WSIB.
                              Inshort.....his MTC is full of damned lies.....how do I get a judge to see this and get them to throw the whole MTC out? I have to file all docs by Friday, and I'm stressing that I am not going to be heard and this whole thing will be put over again and again and again. I am tired of the EX dictating to myself and our boys who what when where and how we are to play this game of Mine, mind, mine, me myself and mine.
                              suggestions?

                              Comment

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