Order Not Enforceable

[atlanticcanadian]

I just heard from Maintenance Enforcement and my Order is completely unenforceable. The wording isn't good enough.

I wanted to lower everything anyway. I guess I need to go back to Court again?

[Janibel]

I just heard from Maintenance Enforcement and my Order is completely unenforceable. The wording isn't good enough.

I wanted to lower everything anyway. I guess I need to go back to Court again?

Not sure how things work in your province, but Maintenance orders need to be clear cut if you want them to take care of your file. They would absolutely need a court order to start enforcing it. Regardless of province, one thing is certain .... expect it to take a couple of months at least.

[atlanticcanadian]

Thanks for the advice Janibel - much appreciated. Waiting for the Court to call me back to go back through Intake. The Order will have to go to the Province he is in for confirmation and enforcement in any event.

[atlanticcanadian]

Not sure how things work in your province, but Maintenance orders need to be clear cut if you want them to take care of your file. They would absolutely need a court order to start enforcing it. Regardless of province, one thing is certain .... expect it to take a couple of months at least.

So does that mean I go back to the Court to get them to fix the Order or do I apply to the Court for a Variation Order?

My lawyer won't respond so I guess I am on my own.

[Janibel]

So does that mean I go back to the Court to get them to fix the Order or do I apply to the Court for a Variation Order?

My lawyer won't respond so I guess I am on my own.

Your lawyer should be taking care of this for you - that is what you pay him/her for. Send him a fax explaining your situation. At the very least your lawyer could advise you on how to get this moving in the right direction. As I mentioned earlier, it takes months.

[annapurna66]

Same thing happened to me. I was told that lawyers get the wording wrong all the time. Keep order as simple as possible. Mr/Ms. X is to pay to Ms/Mr Y the amount of "$$$" beginning on "date" for child/spousal support. If there is carry-over from a past order...be sure to repeat it. For example, if you are changing child support but not spousal support...be sure to repeat again what spousal support will be in the new order. I did not do this and got totally screwed out of my spousal. Have to go to motion in December to fix it.

[atlanticcanadian]

Motion

I have a call into the Court because my lawyer won't return calls or emails. Par of the course with him. I even had to do my own affidavit to get to Court in the first place as my former spouse and I could not agree.

[atlanticcanadian]

I can't go back to Court. Judge already made a decision. Lawyer won't return calls or emails. Thinking I have been dumped by the lawyer - probably with just cause. The Order isn't what the judge said.

Any ideas on how I fix this mess? Now I really don't want to go through Maintenance Enforcement. Too much drama for me.