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  • Motion filed - no date

    My ex and I came to a settlement agreement regarding all of the financial issues in late August. We signed temporary minutes of settlement.

    At the time, she was a part-time teacher. Miraculously, a couple of weeks later she suddenly has a full time permanent position...making over $93,000 per year. Obviously this would have a major impact on child support and spousal support.

    As a result, I have refused to sign their draft of final minutes of settlements. I am prepared to be reasonable and have an offer to resolve all of this.

    They served me with a notice for motion asking that the temporary minutes of settlement be made into a final order. There is no date for a court appearance, it just asks that the judge make this order based upon written submissions.

    So, how do I respond? How long do I have to respond?

  • #2
    Originally posted by Hatingit View Post
    My ex and I came to a settlement agreement regarding all of the financial issues in late August. We signed temporary minutes of settlement.

    At the time, she was a part-time teacher. Miraculously, a couple of weeks later she suddenly has a full time permanent position...making over $93,000 per year. Obviously this would have a major impact on child support and spousal support.

    As a result, I have refused to sign their draft of final minutes of settlements. I am prepared to be reasonable and have an offer to resolve all of this.

    They served me with a notice for motion asking that the temporary minutes of settlement be made into a final order. There is no date for a court appearance, it just asks that the judge make this order based upon written submissions.

    So, how do I respond? How long do I have to respond?
    So I'm not sure you can have the current minutes set aside. The minutes of settlement are a legally binding document. Your signature isn't needed to have it issued and filed with the court. You already signed it.

    You may be able to file a motion to change though.

    Did the minutes account for material changes? ie: did it say you would pay xxx regardless of her income? If it impacts CS then I assume you have a shared access arrangement? In that case, CS gets adjusted every year based on your tax returns - so I wouldn't sweat that one right now.
    Last edited by HappyMomma; 10-11-2013, 01:12 PM.

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    • #3
      No date? weird. You can check with the court to see if they have a date. Also you can cross motion stating that there has been a "major change in circumstance" that being the position/salary change since the minutes of settlement have been done. Don't let it linger because if you don't dispute the Minutes of Settlement within a certain time frame, the courts will assume that you agree to them.

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      • #4
        Originally posted by forthekids View Post
        No date? weird. You can check with the court to see if they have a date. Also you can cross motion stating that there has been a "major change in circumstance" that being the position/salary change since the minutes of settlement have been done. Don't let it linger because if you don't dispute the Minutes of Settlement within a certain time frame, the courts will assume that you agree to them.
        My ex had 10 days to file something to say he disagreed - but that was from the date the minutes were signed - not sure how it works in your case.

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        • #5
          How long do I have to respond?
          If it is a Form 14B, you should file immediately, as per:

          RESPONSE TO MOTION FORM

          (10.1) If a party uses a motion form (Form 14B) and no person served with the motion form serves and files a response within four days after being served, the motion shall be dealt with by the court as an unopposed motion. O. Reg. 383/11, s. 3 (2).

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          • #6
            Then I am in a bad position.

            Four days have already passed.

            I suppose that the only recourse is to file a motion for change at this point?

            Is that correct? Does it matter that ex didn't disclose even the possibility of her salary doubling within two weeks?

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            • #7
              You need to talk to a lawyer. There are too many small details, and too short of a time frame, for internet self help to be effective.

              It may be the matter requires a procedural motion on your end (or urgent motion) to avoid getting snowed. It may be you are not in a position to contest the minutes and need to contemplate a motion to change. It may be neither of those are applicable.

              Get legal advice, and move quickly.

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