Cancel Child support case on with-prejudice basis

[gmcode]

Hi all,

Can a child support case be cancelled by applicant on with-prejudice basis? If it can, is that to say the applicant can't refile the case again later on or has to find other excuses to file a CS case if want?

Thanks!

[rockscan]

If the applicant filed the case they wouldnt cancel it. They would simply withdraw the motion.

If the child is eligible for support then yes they can file in the future any time they want. They just may not be able to ask for retroactive support.


Sent from my iPhone using Tapatalk

[StillPaying]

Child support is the right of the child and must be paid.
You tried to pay a lump sum and be done with it, but you found out that's not possible. Now you want to pay another lump sum and hope it'll be done. It won't, because.... child support is the right of the child and must be paid until they're no longer a "child". You're definitely not the first to try and get out of paying the proper amounts.

[gmcode]

If the applicant filed the case they wouldnt cancel it. They would simply withdraw the motion.

If the child is eligible for support then yes they can file in the future any time they want. They just may not be able to ask for retroactive support.


Sent from my iPhone using Tapatalk

Does the court still need to review the settlement agreement or approve it even if the agreement is made out of the court and the parties withdraw the motion? How can the case come to an end, or "withdraw" is the legal term to stop/cancel the case? My understanding is the motion is the list of claims included in the same court file?

Thanks.

[rockscan]

Does the court still need to review the settlement agreement or approve it even if the agreement is made out of the court and the parties withdraw the motion? How can the case come to an end, or "withdraw" is the legal term to stop/cancel the case? My understanding is the motion is the list of claims included in the same court file?

Thanks.

The settlement agreement will need to be signed off on by a judge so yes the court will see it.

The case comes to an end with an agreement or an order. Your ex can withdraw the motion or you can go to the motion date and advise the judge you reached an agreement.

Sometimes at motions a judge will look at the filing, ask you a few questions and tell you to go discuss to reach an agreement. In that case you would return to the courtroom and present your agreement for sign off.

The motion isn’t a list of claims. Its a request for the court to order something: disclosure of information, support, custody etc. Your understanding is incorrect. Again, you should really speak to a lawyer because you are way out there in a lot of things you are saying and thinking.

[StillPaying]

If both parties are in agreement, even zero cs, then that's fine and no court is needed. The problem is whether you need it enforced or one side decides to change their mind. Then you're forced into court with court rules.

The "list of claims" I'm assuming is the MTC, not a regular motion. The other issues would still exist if only cs was settled.

[gmcode]

can above procedures (withdraw) been done quick such as a month at the court? I heard the court is over packed now due to pandemic. I haven't even received a next court date yet. I do have a lawyer, but looks he doesn't want to work on a settlement.

[rockscan]

can above procedures (withdraw) been done quick such as a month at the court? I heard the court is over packed now due to pandemic. I haven't even received a next court date yet. I do have a lawyer, but looks he doesn't want to work on a settlement.

If she filed a motion then she has to withdraw it. Have you made her an offer to settle? You can draft it up and have your lawyer serve it. Has your ex made an offer?

You can reach a settlement without your lawyer, your ex has to be willing to settle though. If she has no interest and isn’t talking then you have to go to court. If you were served with a notice of motion then it may have a date.

In any event, figure out what you should be paying in cs and put that money into an account every month so if you are ordered to pay, the money is there.

[gmcode]

She made an offer thru her layer, I can going to make some terms more clear based on the offer. Can I just send it back when I am done? I am not going to use my lawyer as he has delayed this for two weeks. What if I passed the expired date on her offer?

I didn’t receive any motions, I just received an court case form 8 - her application and affidavit, and other documents supporting her claim.

[rockscan]

You are not the only case your lawyer has so don’t be surprised if they don’t jump when you snap your fingers. Not to mention the date on your ex’s offer isn’t something you need to be held to. That date is a scare tactic to make you do what she wants.

Is the offer reasonable and legal? Have you done the math yet on your case? You don’t have to accept it. You can simply make your own offer or ignore it.

Her application didn’t have any dates on it? Nothing in the section on the court date?

[gmcode]

the case was initially filed at Ontario court, and had a case conference there and have a settlement conference date coming soon. the case was filed at Superior court again later for more claims, but no date on superior court case yet. In this case, superior court automatically takes over the case, that is what I heard.

[Stillbreathing]

Rocksan is correct regarding the expiry date on your ex’s offer. If after careful consideration you are comfortable with her offer then you accept it. If not you make a your own offer, have a lawyer review it and send it to her. You might also consider mediation if both yourself and your ex are willing to negotiate and each make some compromises in order to settle your matter.

[rockscan]

What were the other claims?

[gmcode]

spousal support, property division.

If the case was filed at Ontario court, later on filed at Superior court again, the case at Ontario court will be on hold or cancelled? the superior court will automatically take over the entire case by default?

[rockscan]

How is there property and spousal? I thought this case involved child support where she took a lump sum and left? Did you just assume the property?