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  • procedural guidance sought

    Morning,

    Your procedural guidance is encouraged and appreciated!

    Brief history:
    2018: Divorce Order 2018 (final)
    2022 (July): Order (on consent) received, addressing child support overpayment (specified income to be used for CS calculations)2022 (August): FRO identified they're unable to action this order, since it didn't specify $ amounts- clarification of order sought from Justice who signed off on consent order (spreadsheet was provided with $ amounts)Sept.: received email from court identifying:“The parties need to prepare an order stipulating exactly what amounts FRO is to take.
    Another Judge can then sign an amending order once that is done.”

    2 days ago:
    The Family Court Counter identified that an amendment request to an order generally involved "small numerical errors", rather than a change in the content of the order.
    I suspect a Motion to Change (Form 15) is now what should be served and filed.
    Note: there has occurred a Material Change in Circumstances (son no longer "child of the marriage") due to age of child (19) and fact he is living in another province/not attending post-secondary education full-time; rather playing Jr. A hockey, and billeting with a family)

    Thanks for your insight!

  • #2
    Originally posted by kidsRworthit View Post
    Morning,

    Your procedural guidance is encouraged and appreciated!

    Brief history:
    2018: Divorce Order 2018 (final)
    2022 (July): Order (on consent) received, addressing child support overpayment (specified income to be used for CS calculations)2022 (August): FRO identified they're unable to action this order, since it didn't specify $ amounts- clarification of order sought from Justice who signed off on consent order (spreadsheet was provided with $ amounts)Sept.: received email from court identifying:“The parties need to prepare an order stipulating exactly what amounts FRO is to take.
    Another Judge can then sign an amending order once that is done.”

    2 days ago:
    The Family Court Counter identified that an amendment request to an order generally involved "small numerical errors", rather than a change in the content of the order.
    I suspect a Motion to Change (Form 15) is now what should be served and filed.
    Note: there has occurred a Material Change in Circumstances (son no longer "child of the marriage") due to age of child (19) and fact he is living in another province/not attending post-secondary education full-time; rather playing Jr. A hockey, and billeting with a family)

    Thanks for your insight!
    2022 Sept. - Other Party will NOT agree to $ amount clarification (spreadsheet) overpayment from January 2020 to present.
    (although consent was secured, and contained in the order: for income to be used for purpose of child support calculations

    Comment


    • #3
      Confused?!

      Is this a question?

      Comment


      • #4
        My bad...
        Yes, this is a question.
        I'm uncertain of what process I should now follow = to secure clarification of the original order so it may be "actioned" by FRO.

        Other party will (now) not consent to "clarification" order ($ amounts for FRO to identify overpayment).

        Thank you!

        Comment

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