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Motion to Change CS Filed with omissions

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  • Motion to Change CS Filed with omissions

    Hello Everyone,
    Looking for advice on how to respond to a Motion to Change CS by the Payor.
    There is nothing in the Payor's statement, that can be agreed to as there are ommissions, and untruths.
    Payor is attempting to pay CS for 2021 based on 2019 earnings, and will not reveal 2021 earnings.
    Form 13 has obvious ommissions & mistakes...(property value is the same as it was 8 years ago)...Monthly Income is understated by $2,000 when compared to attached paystubs.
    Pension that the Payor had at the time of divorce is suddenly not there any longer...
    Arrears calculation is also incorrect (simple mistake, 14 months are owed, but only 13 months were used in the calculation).

    My 1st question: Would someone file a motion on purpose with this many mistakes? Why would their legal counsel want them to do this?
    How does the Recipient respond? There's not enough room to list all the errors on the Response form, so do we just ask for a dismissal of the Payor's motion and file a new one as the Recipient?

    My husband is unrepresented, and I've been doing the research. I know many of you here say to stay out of it, but I will not stand by while he gets kicked down again. He is a great dad and stepdad, and husband. He works long hours, and has a long commute, all so that he can maintain a separate home for the weeks he has his children. The Payor doesn't appear to see any of this, she just wants to keep all her paycheque, even though he was the one that supported her financially while she went back to school, and cared for the kids while she did.
    I guess none of that matters, but it does to me. He's a good man, and the child support is for the kids...and that's what the Payor doesn't seem to understand.

    I'm trying to understand why anyone would file this...I think it could go very badly in Court for the Payor...

  • #2
    Are they still going through equalization? If no then income is the only thing that matters. Not to mention if he does not have an offset support amount then her income means nothing.

    He can respond and lay out the case from his side. Namely the correct support amounts and what is owed. He doesnít need to refute her statements, he just needs to put forward what the support owing is.

    Sent from my iPhone using Tapatalk


    • #3
      Yes, the SA outlined CS to be calculated by equalization (that is what they had been doing until the Payor stopped CS payments.

      The Motion to change the Payor has requested is to use 2019 income to calculate support going forward, and to reduce the amount of Arrears owing. I'm assuming 2020 income is greater than 150,000


      • #4
        Custody 50/50


        • #5
          No 2020 income is used for 2020 and 2021 until updated income is known. Or if they provided the most recent paystubs then it is used to calculate accordingly.

          If the applicant didnt provide 2020 income, he can request it in his response.

          All your partner needs to do is file a response outlining their income, calculating support and arrears and requesting updated income info.

          What will happen is he will get a conference date, go to the conference and request full disclosure. A judge will tell both sides how it will work and they go from there.

          Tell your partner to breathe. Just because this was filed doesnít mean it will happen. He can respond and make his own demands.

          Note though that her pension or assets are not eligible for support calculations if she isnít drawing from them. Only her income including from shares or investments.

          Also, get out of the anger/resentful weeds. Emotions mean nothing. Facts are key.


          • #6
            Thanks Again Rockscan. Where does the applicant put all this information? Form 15B from DM software provided by Payor's lawyer has been "prefilled". The respondent is using FLR-15B-E (2016/04). Should he ask for the changes under section 21. I ask that the term of the order of Justice...
            There has not been an order given outside of the original I'm not sure this is the place to put it.


            • #7
              You need the most recent 15B online. Go to the Ontario court forms page and download it. Fill it out accordingly.

              There is an area in there where you can disagree with their forms.

              You may also be able to provide a 14A affidavit. That will allow you to list the facts of your side of the case.

              The other side has to provide you with prefilled forms, you dont have to use them.


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