Responding to a response for an emergency motion

[Leviathan]

lol...does the title even make sense??

I'll make it easier :P

the STBX and her lawyer served me with an emergency motion (asking for more $$ obviously)...my lawyer and I submitted our response to the emergency motion (both by handing it into court and faxing opposing lawyer).

that same afternoon, the opposing lawyer contacts my lawyer saying she'd like to adjourn THEIR emergency motion so they could read over OUR response.

Does this make sense??...can you respond to the respondants "response" when YOU'RE filing the emergency motion??


I know...confusing!!

[OhMy]

Yes. The moving party has the right to reply to the response. IF you made a cross motion you would be able to reply to their reply .

[Mess]

What emergency?

If they ask for an ajounment, then it isn't an emergency. An emergency is when you cannot wait.

Please carefully read this thread, http://www.ottawadivorce.com/forum/f...e-court-13291/. It has all the information you need.

A request for increased support is almost NEVER going to be an emergency. Is the landlord about to throw you out? You would have to be through a landlord/tenant review process for it to be an emergency. Can you not buy groceries this week? Better be prepared to submit a complete budget including supporting bank statements.

In the case of INCREASED support, it is obvious that support is already being paid, so the question is the couple of hundred dollars of increase that may or may not be appropriate.

The onus is on the applicant to provide proof of the emergency.

[Leviathan]

Thanks OhMy and Mess:

it's an emergency motion by STBX's lawyer claiming I'm not paying enough "interim support"...a VERBAL agreement we came to during our 4 way back last February..

I've cut the "interim support" back because they're not providing us with the proof we need as to HER daughter (not mine biologically) continuing education...

[NBDad]

So you leverage the fact it's not an emergency to request costs.
Definitely does not sound like it would qualify.

[Leviathan]

So you leverage the fact it's not an emergency to request costs.
Definitely does not sound like it would qualify.

Basically NBDad...I "think" what it boils down to is the STBX no longer has enough $$ to continue paying her lawyer...obviously using my "interim support" to fund her court case against me really.

I know...I know..thats a classic "whoa is me response"..

[fireweb13]

Thanks OhMy and Mess:

it's an emergency motion by STBX's lawyer claiming I'm not paying enough "interim support"...a VERBAL agreement we came to during our 4 way back last February..

I've cut the "interim support" back because they're not providing us with the proof we need as to HER daughter (not mine biologically) continuing education...

The only arguement I could see is that you did not get an order to cut back the interim support. Just because they did not keep their end up does not mean you do not keep yours. Though this would fail as an emergency motion as its clearly not an emergency.
Was this discussed, any papertrail of you asking for the information from them?

[NBDad]

There is no order for support from what I understand, only a verbal agreement.
I have said it before and I'll say it again...in the absence of a court order, you should pay based on what you believe the expected/reasonable outcome will be, and worse case scenario bank the difference between your position and full table support "just in case".

[Leviathan]

The only arguement I could see is that you did not get an order to cut back the interim support. Just because they did not keep their end up does not mean you do not keep yours. Though this would fail as an emergency motion as its clearly not an emergency.
Was this discussed, any papertrail of you asking for the information from them?

absolutely Fireweb...we asked 3 times for proof of her daughters continuing education...since May of this year....no response.

again...the "interim support" was voluntary on my behalf...there were no motions for it at all..

[Leviathan]

There is no order for support from what I understand, only a verbal agreement.
I have said it before and I'll say it again...in the absence of a court order, you should pay based on what you believe the expected/reasonable outcome will be, and worse case scenario bank the difference between your position and full table support "just in case".

You're correct NBDad...no order at all...I guess this would be the 1st motion for trying to get an imputed amount from the judge.

[dad2bandm]

So you leverage the fact it's not an emergency to request costs.
Definitely does not sound like it would qualify.

This. ^^^

Certainly not an emergency.
Perhaps if they get dinged with costs for this, they won't pull that crap so readily, again, in the future?

[Leviathan]

This. ^^^

Certainly not an emergency.
Perhaps if they get dinged with costs for this, they won't pull that crap so readily, again, in the future?

we'll see....STBX and her lawyer have pulled a few nasty mean little tricks outta their hats....this is just a minor one here...