As a layman DIY litigant I have a few questions relating to procedures on a (possibly) consent motion to vary a final order to end child support and cancel arrears:
1. How likely is it that the court will not grant the motion, or require the parties' attendance before doing so, given it is on consent? (I always thought consenting parties could agree to anything without it being questioned, but I'm asking this question because an Ontario Ministry of the Attorney General website advises, "Once these documents[listed by the website] are filed with the court, a judge will review the documents and either sign the draft orders or direct the parties to provide more information or appear in court to discuss the situation further."
2. Is it necessary to file an affidavit? [The list of documents to be filed per the Ministry of AG website does not include an affidavit]. If affidavit evidence is not necessary, is it desirable, in light of 1) above?
3. What are the implications if child support in the case turns out to have been assigned? What exactly does "assignment" mean; does this mean the payor now owes the social agency (assignee) instead of the former recipient? Are you now battling the assignee?
Thanks in anticipation.
1. How likely is it that the court will not grant the motion, or require the parties' attendance before doing so, given it is on consent? (I always thought consenting parties could agree to anything without it being questioned, but I'm asking this question because an Ontario Ministry of the Attorney General website advises, "Once these documents[listed by the website] are filed with the court, a judge will review the documents and either sign the draft orders or direct the parties to provide more information or appear in court to discuss the situation further."
2. Is it necessary to file an affidavit? [The list of documents to be filed per the Ministry of AG website does not include an affidavit]. If affidavit evidence is not necessary, is it desirable, in light of 1) above?
3. What are the implications if child support in the case turns out to have been assigned? What exactly does "assignment" mean; does this mean the payor now owes the social agency (assignee) instead of the former recipient? Are you now battling the assignee?
Thanks in anticipation.
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