File motions before Case Conference

[summersimmer]

They probably have a lawyer.
I want to file motions before the Case Conference for changes to a final order.


So I can get disclosure and ask for costs for that because the are in violation.
So I can get some of the monthly child support income they owe me based on the new income they have.

These should be simple motions so 14B, yes?
Am I to be denied?

[Hide on Bush]

Not a lawyer, but I expect the experienced people on here are going to need a little more information from you.

Your looking to file a motion to change prior to a cc? Is this your first cc?

Also you should be receiving financial disclosure prior to your cc anyways. Why file a motion for something your going to already get?

I saw OrleansLawyer post on here recently saying that motions before a case conference are for emergency situations. You obtaining financial disclosure faster for the purpose of modifying child support, I would think, is not an emergency.

Again, not a lawyer.

[summersimmer]

Maybe different areas have different rules.
When I spoke to a lawyer they stated I can file a 14B to ask if I can file motions for certain items in regards to temporary changes to child support or even stopping it.
I have to file a From 20 requesting the documents I am seeking first though.

[Hide on Bush]

Maybe different areas have different rules.
When I spoke to a lawyer they stated I can file a 14B to ask if I can file motions for certain items in regards to temporary changes to child support or even stopping it.

Your lawyer told you to file a motion to ask if you can file a motion?

I have to file a From 20 requesting the documents I am seeking first though.

I had tried this in the past and the courthouse denied it because it wasn't related to child protection matters. However, I have heard others been allowed it.

[Janus]

As Brampton said, changing CS levels is not an emergency, so wait until after your CC.

[rockscan]

You can file a motion for disclosure but it could also be ordered at the cc.

You are already before the court regarding cs, you wait for that issue through the existing process. As Janus said, cs is not an emergency.

You need to take a deep breath and set aside your anger towards your ex. None of that is relevant to the court and all it will do is get you in trouble. As I said in another thread, the judge only cares about facts and those are things you can prove:
Whether her income has changed
Whether she has paid what she owes
Whether she has claimed expenses that are inappropriate

You cannot prove anything about her behaviour and it just makes you look bad.

[Tayken]

Read this post... Outlines what an "emergency" is...

https://www.ottawadivorce.com/forum/...ad.php?t=13291

[summersimmer]

thanks.

I was told that after that clerk meeting I could file a motion to see motions would be allowed. There is already a final order and this is an update to that final order basically the stuff I couldn't prove before, I can prove now.

But it seems a waste if they can do it at the case conference. Hopefully that is soon.

What is this clerk meeting for?

[rockscan]

thanks.

I was told that after that clerk meeting I could file a motion to see motions would be allowed. There is already a final order and this is an update to that final order basically the stuff I couldn't prove before, I can prove now.

But it seems a waste if they can do it at the case conference. Hopefully that is soon.

What is this clerk meeting for?

Ive never heard of a clerk meeting. There are conferences.

If you have filed a motion to change already and the conference is for that motion, there shouldn’t be any other motions. Unless you are looking for disclosure but you can note that in your filing for the conference.

[StillPaying]

The "clerk meeting" should be your 1st appearance, although I believe you're referring to the DRO case conference.

The motion to change is just an application. This is not urgent or an emergency, so a case conference will need to be completed first. Then you can bring all the motions you want.

[podric]

DRO conference:
Dispute Resolution Officers are senior family lawyers who have a wealth of knowledge and years of experience in family law practice to assist with moving the case along, settlement and negotiations. They act as a neutral third party and assist with resolving matters in certain instances before they are heard in front of a Judge for another Conference or a Motion.

DRO’s are only available in certain family courts including Toronto, Brampton, Milton, Newmarket, Barrie, Hamilton, and Oshawa.

Both a DRO and a Judge can assist the parties in identifying and attempting to resolve their issues, ensuring all relevant documents have been disclosed, and, if the parties are able to agree on resolution to some issues, assisting them in obtaining a consent order from the court

Having a Case Conference before a Judge can have similar benefits of a DRO Conference and sometimes a more enhanced one given that you receive the views and opinions from a Judge for the rest of your case. Sometimes, the Judge you are before becomes your Case Management Judge and can assist you in a resolution of issues sooner.

The main difference between a DRO Case Conference and a Judge Case Conference are the powers of the court. A DRO cannot make orders regarding your case or any costs but a Judge can make certain orders such as procedural ones, ordering steps in a case, costs, etc.

[StillPaying]

DRO cannot make orders - but they do have a judge available in the background to sign off on orders at the completion of your DRO case conference.

[summersimmer]

DRO cannot make orders - but they do have a judge available in the background to sign off on orders at the completion of your DRO case conference.

That is super important, thank you!
They might not show up.
They did not file a response.



I didn't submit their pay stubb information and only filled the form, my personal financial information / evidence.


It is only 4 days away.
Would it be a good idea to create an affidavit (commission it) with the evidence of the other parties income or does the other party have to agree to changes?

[StillPaying]

Affidavits are for motions. You're not there yet.
Bring your evidence with you to the cc and try to get your ex to agree to an increase. Hopefully it's the proper amount, but any increase would be fine until the matter is dealt with.