Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Thread Tools
Old 08-02-2017, 04:30 PM
Going to Jail Going to Jail is offline
Junior Member
Join Date: May 2017
Posts: 11
Going to Jail is an unknown quantity at this point
Default Consent on Motion but Court Order, is temporary

At my First Appearance on Motion to Change, “Form 15C Consent Motion to Change” was signed by both parties and was filed in the court. The following week, I rec’d a copy of the Judges Endorsement of same.

When it was filed, it was marked as “Partial” consent, which was mutually agreed, because the support arrears were not consented to as yet. It was noted that support arrears (section 9 of Form 15C) would be discussed in future at the Case Conference.

Now, I have received draft “Form 25 Order (General) from Ex’s Lawyer for submission to the court for the judge to sign.
In Form 25, I saw there were two amendments made to “Form 15C Consent Motion to Change”

1. Form 25 is ticked off as “temporary” not “Final”.
2. Additional items were discovered that were not previously noted on the
Form 15C Consent Motion to Change.

Additional item 1 – “income disclosure is required annually on each anniversary of the Order.”

This is standard and I have no issue. I'm just surprised it was deemed necessary in the Order when it's clearly permitted with Family Law support cases.

Additional item 2 – “This Order bears Post judgement interest at the rate of 2% per annum effective from the date of this Order. Where there is default in payment, the payment in default shall bear interest only from the date of default.”

I would like to know, is Post judgement interest applicable to arrears for prior years or just applicable to possible future arrears accruing on payments due subsequent to the date of the Order?

So I would like to know, if there was consent to “Form 15C Consent Motion to Change” why is Form 25 ticked off as temporary? I was relieved that final consent was agreed, however when I saw the Form 25 Order is temporary, what does this mean? Can my ex make further modifications in future at her discretion and convenience indefinitely with a temporary Order on the matter of monthly payments? I thought it was agreed as final. How can I ensure the Court recognizes this to be a Final Order for monthly payments?
My Ex can file a motion to vary in future obviously following the process.
Someone please explain, thanks.

Reply With Quote

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Spousal/Child Support Question Jenny Divorce & Family Law 6 10-01-2013 01:01 AM
Need advice over motion to change access in final order due to safety concerns smileandwalkaway Divorce & Family Law 36 08-16-2013 07:59 AM
Will the Court order a weekend change??? monksamillion Divorce & Family Law 16 04-28-2010 05:54 PM
Urgent!!! Please!!Need some quick insight LV McBroke Divorce & Family Law 13 12-03-2006 11:42 PM
aftermath littleman Divorce & Family Law 1 09-27-2006 10:43 PM

All times are GMT -4. The time now is 07:56 AM.