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TMC with uncooperative respondent

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  • TMC with uncooperative respondent

    Asking for a friend who is non-custodial parent paying support. Both parties are self repped.

    My friend filed a motion to change several years ago related to child support and school expenses. The parties are heading to a TMC shortly.

    The matter involves child support for an adult child, when it is paid when child lives away at school and post secondary expenses. The case is complicated by a big education saving account and claiming expenses when they were paid for by grants and RESP.

    The respondent has chosen to focus on matters that are not relevant to the matter like the court the MTC was filed in, the date on a document filed, income for years outside the MTC dates (five to six years before the dates of change), the spouse of the applicant and the applicants assets over the 15 years since they divorced.

    Despite the judge telling the respondent throughout their conferences that what the respondent is demanding and arguing is irrelevant to the matter, the respondent is still demanding info previously requested during the questioning option that is irrelevant to the matter. They had questioning and the respondent was told certain things were irrelevant and would not be provided. The respondent also refuses to provide information on the child’s status and expenses.

    They did attend mediation as part of the first appearance and the respondent walked away when the mediator told them they were not entitled to what they wanted/claimed and the applicant’s case was valid. A second conference resulted in an endorsement for respondent to provide disclosure on kids stuff. A third conference resulted in an endorsement for the parties to work out questioning but a tmc was scheduled. The judge again advised the Respondent they could not claim things they were. The applicant responded to the legit questions with data. The rest was deemed irrelevant and unanswered.

    Should also note that there is a high overpayment of child support and arrears claimed through FRO that the Applicant will probably not get back.

    How does the judge handle this at the TMC? Will the judge shut the respondent down? Can a judge order a temporary stop to CS until trial? My friend has listed the details of the case based on previously disclosure and correspondence outside the court dates, should they include anything else?

  • #2
    At the TMC the judge will try again to see if an agreement can be made, by way of offering opinions or scare tactics, then move forward towards trial. If it's obvious and reasonable, an interim order can be made for cs, but at this stage it is most likely a trial issue. All the disclosure, questioning, relevant/irrelevant issues between parties will be dealt with at trial.


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