Motion to change: to have some changes in a separation agreement and to decrease a ss

[Samsam]

My Sad and Painful story:
My ex was sponsored by me and came to Canada in 2010 (she was 35) with our child who was 10 at that time. My ex has started a separation/divorce process with a lawyer (paid by government) in Jan 2018 in a supreme Court of Justice. Her income at that time was approx 2k/month. I was a self represented.
Separation agreement was signed during the case conference in November 2018. I have agreed to pay a monthly spousal support which would go through the FRO.
Key things, mentioned in a separation agreement:
ss will be paid a certain number of years;
ss amount is based on payer's income;
ss would be possible to change if any party would have a significant financial changes.
Right after signed all the papers my ex has left Canada for her country of origin where all the expenses are much lower than in Canada and where she has had a full-time job since time she has left Canada.
Our child stayed living with me in Canada.
Actual evidence that ex doesn't live in Canada I have got in 2020 while getting her notice of assessment for 2019.
In Oct 2020 I have filed a motion to change with Ontario court of Justice. With a filed motion to change I would like to:
1. Make some changes in Separation agreement- to add: spousal support will not be paid while my ex phisically is not present in Canada.
2. Temporary terminate a spousal support since the time she has left Canada.
3. To refund an overpaid by me spousal support since time she has left Canada.

First appearance with a judge, as a teleconference, is already scheduled.

Please help me with advice:
1. What would be a strategy or the best way to fulfill all mentioned above goals during motion to change?
2. Would it be possible to make a non-consent changes in a separation agreement?
3. Would judge take in count my ex's non Canadian financial documents while determine her live expenses or only Canadian financial papers would be taken in count.
4. Would it be possible to terminate/change/decrease a spousal support without ex's consent?
5. How the time counted for ex's response? (Her lawyer was served with a papers in Canada, but ex phisically lives not in Canada).

[pinkHouses]

1. Fill in an affidavit with facts.
2. I believe you are asking for a court order, an agreement cannot be forced.
3. Yes
4. That again is a court order.
5. Check the family law rules, the response is required for the date before the hearing.

Do you have a final court order or just an agreement?

[standing on the sidelines]

you have an agreement with says SS will end after a certain time.

Where you need to start is getting CS for the child.

I would figure out how much it would cost for the SS over the time frame versus how much the legal bills would be. Also if you can actually make it that she only gets it for when she is here.

I think the payback for the amount you paid since she left Canada is not going to fly especially when that was not specified in the original agreement

[Kinso]

Samsam,

If your first Order was from the Superior Court of Justice, and that’s what you’re seeking to change, then then Ontario Court of Justice is the wrong court.

The OCJ cannot change a SCJ order as it’s an inferior court.

You may want to double check with a lawyer who can review your file. Doesn’t mean you need to pay for full representation which may not be within your budget, but a couple hours to make sure you’re on the right track would be a wise investment.

[Samsam]

Thank you all, for replies.

Here is some update:
Child support is out of discussion- this was agreed in a separation agreement.

All these stuff with divorce in 2018 was so overhelmeting for me....that I was literally under pressure and I have agreed on a lot of things which I regret now alot.

I have a separation agreement signed by both parties during case conference in 2018. Before filing motion to change I have registered a separation agreement with Ontario Court of Justice.
In a motion to change I am asking a court for the order to make some corrections in a existing sa, concerning decreasing/temporary terminating of ss while my ex resides outside of Canada,

Lawyers....It is very tough question and a grey area. The problem is that for the money they charge I didn't here any advice which could worth that money.
I have discussed my matter with a few different lawyer, but none of them has recommended something helpful for me.
Moreover every time I hear: just hire a lawyer. I'm answering: please give me a name, who can you recommend. And there is no answer....

Now, after filing motion to change, I would like to discuss a ss only due to less life expenses of my ex.

Before filing motion to change, I have suggested to my ex to decrease as, but I didn't get any answer. Nobody wanted to discuss this matter.
So I have decided to move on.

Now my ex claims that there is no any material changes on her side even she lives in a country which has lower level of life experiences.

Here are some Questions:

Which affidavit should I use in order to represent facts or evidences?
Is it affidavit 14a?

Which forms should I use in order to ask my ex to present documents/information/proofs of payments?
Is it form 20?
Or could be some other form?

How is it possible temporary terminate a ss payments during the court process?

Is it any deadline of presenting evidences, proofs, facts during the motion to change?

Thank You

[Samsam]

Thank You for your opinion and advice.

[Samsam]

Hello, please have a look on updated info.
Thank You

[Tayken]

Child support is out of discussion- this was agreed in a separation agreement.

You cannot do this even if both parents agree to this. Child support is the right of the child. Neither parent can absolve the child's right to be supported by both of their parents.

The only situation where child support doesn't get ordered is when there is a full 50-50 residency of the child and the parents make about the same income. Again, the agreement needs to clearly outline this situation before a judge would even consider making it an order.

You need to hire a lawyer. Your agreement isn't worth the paper it is written on and a judge will reject it.

[Kinso]

What city are you in Samsam? There are good lawyers everywhere (and sadly bad lawyers too)

[Samsam]

I live in Toronto.

Child support was excluded because family property was divided not equally after separation. My ex took less.
But sadly to say literally she didn't put even a penny in a family property....she had an allergy to work or to achieve something....instead of work she decided to get a divorce.

SA went through the court and judge confirmed that.

[Kinso]

Three options:

Shapiro Family Lawyers (http://shapirofamilylawyers.com/)
Rupa Murthi (https://www.kmlawgroup.ca/)
Ryan Kniznik (https://www.blaney.com/lawyers/ryan-kniznik)

Although I am a family lawyer in Toronto, I am not associated with any of the above and have no interest in their businesses. I’ve worked with all three and have confidence in their skills.

[Samsam]

Thank You for sharing, Thank You for information.