Family Law Rules ... (timeline help)

[DunnMom]

If a person files a Motion to Change (CS only) on Dec 15 and gets a court date of Jan 29th that means the Respondent has until Jan 15 to get their answer in (30 days).

If the Applicant received the Response on Jan 2nd and wants to file an Affidavit of his own to counter the "response" ... what is the "timeline" for that? (How many days before the motion can he do this?)

This is in Ontario Family Court, no Superior Court if that makes a different.

I can't find the answer in the following:
Courts of Justice Act
ONTARIO REGULATION 114/99
FAMILY LAW RULES


Am I even looking in the right place?


TIA

[Qrious]

I will check my info, Dunn, but I believe it is 7 days before court date.

I assume respondent wishes to see other changes or is disputing the CS amount?

Edit: it is 7 days before case conference to serve the CC Brief, which is where I "responded" to X's Response to Motion to Change. Respondent then can serve their CC Brief 4 days before CC.

[DunnMom]

I will check my info, Dunn, but I believe it is 7 days before court date.

I assume respondent wishes to see other changes or is disputing the CS amount?

THANK YOU ... and Yes ... she's decided that since the kids' no longer live with her and she hasn't been paying CS for over a year and it took my brother almost 6 mos to get her 2012 NOA that since he wants her to pay CS, she wants to reopen spousal support ...

The kicker is, her "response" states that she is totally fine with the SS amount but if he chooses to pursue CS than "I am left with no alternative but to ask for an increase in SS".

ARGHHH ...

PS - according to their new updated Financials ... His net worth is approx $68,000 & hers $113,000

[FWB]

PS - according to their new updated Financials ... His net worth is approx $68,000 & hers $113,000

So based on the updated info you provided i.e. the "net worth", she owes him....am I reading this right, and what is this about threatening SS????

Edit: it is 7 days before case conference to serve the CC Brief, which is where I "responded" to X's Response to Motion to Change. Respondent then can serve their CC Brief 4 days before CC.

This is correct!

[DunnMom]

So based on the updated info you provided i.e. the "net worth", she owes him....am I reading this right, and what is this about threatening SS????

Absolutely NOT FTW ... he is simply asking that she pay CS based on her income of $45,000/yr. She is not paying anything. She is refusing to pay and has threatened that if he takes her to court for CS she will ask for more SS.

She came out ahead in equalization which my brother is a-ok with. He currently pays her $250/mo in SS (ends in 2018 & was for 7 yrs duration). She also came out ahead in the equalization and that's accounted for in the SA agreement. I simply stated the revised "net worth" to show that based on the updated financial, she is doing better than he is, he's supporting the kids' and she's only supporting herself.

If there is any "Material Change in Circumstance" it's to his benefit. She earns $45,000/yr, he earns $60,000. At time of separation it was $40,000 her & $80,000 him but his long time employer downsized/restructured and he was let go in June and living off his Severance until he could find something. He hoped to find a job paying the same as before but after 5 months was starting to panic and managed to find a $60,000/yr paying job.

All he is asking for in his motion is for her to pay CS based on her income. Both are self-repped.