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.

Closed Thread
Thread Tools
Old 09-27-2010, 03:50 PM
SelfRepresented SelfRepresented is offline
Junior Member
Join Date: Sep 2010
Posts: 2
SelfRepresented is on a distinguished road
Default Procedures on a consent motion to change

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.
Old 09-27-2010, 05:30 PM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough

How old are the kids?

What are the respective incomes of the parents?
Old 09-27-2010, 08:39 PM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents

On consent, the court can still decide that it is not in the child's best interest, and choose to vary the order prior to accepting it. If it has been assigned to an agency, that agency must also be served with all documents, and is able to protest a forgiveness in some arrears may include their "processing fees".

You do not have to file an affidavit, but may be asked to give verbal evidence prior to the court affirming a consent order.
Closed Thread

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
Form 15D Consent Motion to Change Child Support and Form 25 Draft Order dadtotheend Financial Issues 2 08-31-2010 10:10 PM
Motion to Change a Final Order superdad Divorce & Family Law 5 04-26-2010 10:24 AM
Motion to change (child support) bg78 Financial Issues 9 12-02-2009 09:17 AM
Need help with motion to change support Ihave2kidsIcannotsee Divorce & Family Law 1 03-19-2009 12:04 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM

All times are GMT -4. The time now is 02:38 PM.