Back to this Motion to Change

[ConcernenedStepMom78]

So as you all know my husband was served with the Motion to CHange by his ex. Everything in t it with the exception of her predicted income for 2011 is now void because it was based on everything pertinent to her 100km distance and relationship between the bf and her.

We asked her to seek legal advice on this and to withdraw because its content is now legally void, but she refuses.

What to do?

[billiechic]

what point are you at? What paperwork have you filed?
It doesn't make sense to continue I agree unless there is some ammendment to the motion

[ConcernenedStepMom78]

We are at the point of playing a waiting game. The date to Argue the Motion to Change that she put in is December 14, but everytjing within it is null and void...She wants to argue it still based on the possibility that she maybe might make $40,000 next year (2011) BUT even her finacials she submitted are now null and void because they were all based on a shared household/expenses with her bf. Her expenses arent even known right now anymore.

[billiechic]

can you submit something to detail the changes?

[ConcernenedStepMom78]

This is at the point od stupidity. We told her she should get legal advice on what to do with this Motion and my husband crunched the numbers with her this past weekend even showing what she has made this year so far and the knowledge that the year is not yet ended. I am not sure where she is getting her numbers but all through this motion it is unknowns and approximates (income)

[ConcernenedStepMom78]

Its her Motion we cannot submit anything but a 15B

[ConcernenedStepMom78]

I suppose if she doesnt want to amend it that it will be her looking foolish in front of a Judge, as she tries to explain things.

[billiechic]

have you asked for costs?

[ConcernenedStepMom78]

Have not been able to get that far. But yes seeing as she has dragged this out all over her 100km move for the last year only for her to FINALLLY wake up and see her mistake and the thoudsands it has cost us, we are definately going for costs. As far is this Motion to Change in and of itself I do not know what costs we will incur if any because my husband is now unrepresented and she is self represented, so other that loss of wage (which my husband) is salary there are no costs. Unless theis lawyer we have a meeting with decides to take i on, but we may not even need him now. Legally speaking this is a mess. We do not know whether to continue for trial assignemnt or if we are going to be back to ground zero. Her move back is fantastic but it has also left a mess the sizea hurricane leaves legally speaking.

[ConcernedDad71]

Stepmom78 and I are filling out our 15B to bring in to this lawyer so he can go over it and give idea. He may only want to hear what this case involves and not even look at a Form for all I know.

We have gone over irrelevant aspects asked to have stricken/withdrawn ect. and correcting the her false claims with her calculations and explaining how she cannot ask the Court to base Child Support off an unknown amount.

Is there anything we should also submit or bring about?

I'm not bantering Child Support except to keep it the same. I left it alone and not brought a Motion to increase because my son lives solely with me for the mere reason to lessen some of this litigation and not making this more complex.

I am showing how she would in fact owe several thousands in arrears for just my son being solely with me for the entire year. In addition to the fact it was never re-adjusted in 2009 which would have caused an increase offset to me.

[kelly]

How can you ask for something to be stricken from the other parties motion. I have an ex, whom we had a first court hearing, sent his lawyer and he did not submit full fiancial disclosure and had just recently filed his 2006, 2007, 2008 and 2009 tax returns. I want the assemssements/reassements and his paystub he submitted was two months old. I was awarded costs at the last hearing and now another one has been set. I used Duty Counsel instead of paying a lawyer..could you do the same instead of having to pay a lawyer, the day of the hearing?

[ConcernenedStepMom78]

We have used duty counsel, and they have been less than helpful. The last time we tried to use duty counsel was when there was a paperwork screw up where our confirmation form did not get to the trial coordinater, putting us in adjournments court, instead of on the argued motions list. The duty counsel was supposed to help us to try and get the motion heard but did nothing until we finally took it upon ourselves to ask one of the liasons outside the courtroom to ask if he could argue it to theadjournment Judge OR to see if the Judge that was hearing the argued motions would add this case to hers. She should have told us to ask for adjournment to another day so we could argue it. Thank You Duty Counsel.

[kelly]

I Have only used them once, at this last hearing and she did okay. She got me costs for the appearance and the payor should have been ready and was not...other than that? I am on my own..nervous too

[ConcernedDad71]

kelly

I don't know some of the legal steps and need to know how to proceed. If I respond and she has incorrect or false information, I do not know what to ask of the court in that regard.

She has no fixed address to date, but plans on it by motion hearing
She cannot ask the court to adjust child support based on an unknown
Her financial information is unknown and what she has submitted was based on her previous address

So, I need to know how to word my 15B response to her inaccurate claims, and submit my own information and proof.

[kelly]

This is what I said
"The Respondent has engaged in extreme blameworthy conduct, dating back to the beginning of the actual court file. In any case, (whatever her name is) has been clearly aware of her income levels, and that the children were living at the levels of (your name) income, however, still refused to raise her payments to levels appropriate to her income. Her continued disregarded court dates, letters from FRO, notices from the court, clearly falls well short of what is expected from a parent.

As well, I added this:

"It is beyond dispute that child support has not been met, and that (her name) has been intentionally untimely in her financial disclosure. This has rendered it impossible for (you) to be in a position to apply to the court for a variation in child support, retroactive child support and extra ordinary expenses (or whatever your are seeking) to which (you) would otherwise have been entitled

I hope this helps.