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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-01-2018, 09:46 AM
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Default Should I file a motion

Divorced in 2009 with a separation agreement that was done through mediation.

Ex had full custody of the (2) kids while I had them EOW. This was no choice of my own. I had lots of RRSP's and other investments while she had nothing. So my 50% of the matrimonial home basically went to her to cover off that money that was owed to her.

One child decided they wanted to move in with me back in the Fall. So my Ex has one and I have one.

My ex is self employed (home Daycare) and has only offered to pay child support on her net income after all allowable CRA deductions are removed. Based on all the calculations in her tax documents she is writing off 60% of her income. (house repairs, mortgage interest, ETC) Currently she is paying child support based on a salary of $13,000 a year. Through my own calculations and using case law I have determined that her salary should be around $37,000 ($46,000 was her gross). My figure accounts for about 20% in income deductions which I believe to be a fair assessment.

She refused any changes in amounts and lawyered up. I (self representing) have sent off all my calculations with supporting documents to her lawyer back in October. I haven't heard anything back from them other than you will be hearing from us in the next 2 weeks. We are 4 months into it now!

My issue is I am still paying full table support for both kids every month ($1800), and receiving a joke of child support from her (under $75 every 2 weeks) but it cant continue. My finances can only stretch so far.

Based on my calculations she is short paying by over $400 a month. Should I just forget about waiting on her lawyers response and start a motion with the courts? (never had to go through courts before) The child that lives with me will be a child of the marriage for another 6 years or so.

Any advice on what my next steps should be would be greatly appreciated.
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Old 02-01-2018, 10:28 AM
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File a motion. Sitting waiting is ridiculous.

Make sure you request a credit for the amounts you overpaid.

Think about it, if it was her she would have filed that motion from the get go.
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Old 02-01-2018, 10:50 AM
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Having never done a motion, what kind of court costs am I looking at?
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Old 02-01-2018, 11:12 AM
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Im not sure if you have to pay to file a motion.

Remember too that you can provide an offer to settle as well.

You’re filing a motion to change the original order as the child lives with you now. You are seeking off set support and arrears for the last x months.
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Old 02-01-2018, 03:00 PM
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Originally Posted by cashcow4ex View Post
She refused any changes in amounts and lawyered up. I (self representing) have sent off all my calculations with supporting documents to her lawyer back in October. I haven't heard anything back from them other than you will be hearing from us in the next 2 weeks. We are 4 months into it now!
The reason nothing happened is possibly.

1. She doesn't have $ to pay for a lawyer.
2. Lawyer realized once you sent over your stuff their client has no case and have disappeared.
3. #1 and #2 combined.

Read this: http://ontariocourtforms.on.ca/stati...EN-rev0610.pdf
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Old 02-02-2018, 09:27 AM
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Thanks Rockscan and Tayken. I will head down to the courthouse next week and get this ball rolling.
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Old 02-02-2018, 01:58 PM
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Be sure to attach the email / request for the S.7 expense for picking up the dog poop in her yard. :P
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Old 02-05-2018, 12:27 PM
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Yes, I will print that one and the email stating her boyfriends new winter tires are S7 as well because the kids from time to time get in his car
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Old 02-05-2018, 01:16 PM
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I think Tayken was kidding. Keep your motion straightforward with the cs and the s7 expenses that are legit. She will respond with her own list of s7 and will try to include everything she thinks is s7. Remember you want to be seen as the reasonable person.

And don’t forget the offer to settle as well.
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Old 02-05-2018, 01:50 PM
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Yes, I will print that one and the email stating her boyfriends new winter tires are S7 as well because the kids from time to time get in his car
Oh my. That is almost as good as the dog poop service as S.7!!
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