Self representation - Contempt Motion and Costs?

[representingself]

I filed my original Motion to Change a year ago, and three Case Conferences later... I still have NOTHING from him.

My ex is refusing to disclose any particulars about his income.

During the 2nd CC, the Judge stated that full disclosure was required, but he was not specific, and didn't include it in the Endorsement. As such, nothing was forthcoming.

At the last CC (#3), the Judge specifically ordered him to file and serve his financial disclosure documents (T4's, Notices of Assessment, Financial Statement, etc.), by a specific date.

Said date has now passed and he has blatantly ignored the order.

Our next CC (#4) is fast approaching...

How do I handle this?

Do I file a Motion for Contempt?

Do I ask for Costs?

As I am representing myself... how exactly do you request an order for costs?

Somebody please help me...

[LostFather]

I filed my original Motion to Change a year ago, and three Case Conferences later... I still have NOTHING from him.

My ex is refusing to disclose any particulars about his income.

During the 2nd CC, the Judge stated that full disclosure was required, but he was not specific, and didn't include it in the Endorsement. As such, nothing was forthcoming.

At the last CC (#3), the Judge specifically ordered him to file and serve his financial disclosure documents (T4's, Notices of Assessment, Financial Statement, etc.), by a specific date.

Said date has now passed and he has blatantly ignored the order.

Our next CC (#4) is fast approaching...

How do I handle this?

Do I file a Motion for Contempt?

Do I ask for Costs?

As I am representing myself... how exactly do you request an order for costs?

Somebody please help me...

I wouldn't waste my ink on the Contempt. But when in there you want cost, the judge may set time for that, but if you're rep'ng yourself then there are virtually no costs. Maybe some millage, photocopies, like trial transcripts etc, and minor expense. You maybe able to try for cost related to lost time from work, if you can show that the work you've been doing would be work normally performed by a lawyer, and you had to take time off work to do those tasks, you may have a case for it, though court appearances do not count if I'm not mistaken.

If however, you are missing time from work to make these appearances, I would mention, kindly to the judge, that all these unnecessary appearances are causing you a hardship because of you ex's failure to abide by the order, and maybe wonder out loud, if a contempt might be in order.

Remember, your ex is the one that is going to look bad, make sure you don't by try to capitalize on it, so just make sure you make your suggestion in a respectful manner.

[logicalvelocity]

Not sure if Support is the issue for Financial disclosure -- but I'm guessing if they were faced with imputed income 5X their salary - you would receive some sort of disclosure. Advise that they are still in non-compliance of the non-monetary order at the next CC.

[representingself]

My motion to Change is for a child support variation to the guideline amount.

We have had no contact with each other for a number of years, and he has moved multiple times, always has an unlisted telephone number....

My child support order hasn't been updated for 12 years, and he was paying substantially less than he was supposed to.

When I finally tracked him down and was able to serve him, I asked for his past three income tax returns, notices of assessment, a financial statement, (the basic financial disclosure), and he refuses to give me anything.

In my original motion, and subsequent briefs, I have asked for an imputed income, but the Judge we get is always the same and he either doesn't read the documentation or just doesn't care.

Would a Contempt Motion make me look bad?

[logicalvelocity]

Contempt is quasi criminal - The onus rests with you to prove beyond a reasonable doubt. Advise of the non-compliance at next CC and seek direction. It's bad faith. Seek Costs.

[representingself]

Ok, so no contempt motion...

But when we get to CC#4, and he still fails to disclose his income, what do I do, insofar as moving the case along?

I can't really proceed with a motion, without disclosure, because I don't know how much to ask for...

I have asked for an imputed income in each CC brief, but have had no response from the Judge.

Do I gently mention the non-compliance, and then schedule yet another CC and wait some more for him to provide the documentation.... or do I request a settlement conference?

[logicalvelocity]

Ok, so no contempt motion...

But when we get to CC#4, and he still fails to disclose his income, what do I do, insofar as moving the case along?

I can't really proceed with a motion, without disclosure, because I don't know how much to ask for...

I have asked for an imputed income in each CC brief, but have had no response from the Judge.

Do I gently mention the non-compliance, and then schedule yet another CC and wait some more for him to provide the documentation.... or do I request a settlement conference?

Exactly..its causing delay and its badfaith. I think I would tell the high and mighty that they are in non compliance of the order and basically not only are they making things difficult i.e. taking time off work etc they are also wasting the precious resources of the court. Address imputing income again. Lastly, Seek Costs of the CC