Motion to Change Final Order

[rocket]

Hello everyone,

I filed a motion to change in 2021 and we are now heading for another DRO case conference. I wonder how long this motion process would take if the respondent does not agree with all issues, and tris to delay the process at every step. I can understand that the respondent does not want the change as she is receiving full child support, and the child is attending post secondary school away from home. Thank you for your input and sharing.

[rockscan]

Was there a reason the court gave on why it's another DRO conference? Did the other party attend the first one?

If there is no movement during a DRO conference you can push to have a case conference scheduled with a judge to keep it moving. Alternatively, if you are waiting on disclosure, you can push for a motion for disclosure and get it moving that way. Regardless, if you are ready to go and the other side is stalling, work to get it moving yourself and see a judge.

[rocket]

Thank you rockscan.
The is our 3rd DRO conference. The court’s reason for another DRO conference is for further disclosure and that the parties would likely settle the case.

The other party comes to the conference with no conference brief filed. They filed a brief for the 2nd conference that was not properly scheduled by the court and it had to be rescheduled. They provided their response to the motion 4 months after and it contains a lot of irrelevant information. I am not sure if they filed their response with the court because I don’t see it on CaseLines.

After the first conference I wanted to move the next conference to a judge and my lawyer at the time said it would take much longer to schedule a conference with a judge. My lawyer’s advice was that we need to give time to the respondent to provide disclosure and for negotiation. I asked the court to schedule this conference as a settlement conference and it says we are not ready yet.

It seems to me though all these delaying tactics are normal and acceptable to the court. So I guess it would take two to three years or more to complete a motion in this situation. If the case is going for a trial, how long will it take?

[rockscan]

There are a few posters here who know how to move this along. Stillpaying comes to mind as his ex refused to provide stuff or move things along. Do a search on him to see what he did. If your ex continues to do this you will caught in the trap of endless conferences. You could also file a motion for disclosure and request that you be permitted to continue without them. But that may be a long shot. You shouldnt be held hostage by someone intent on ignoring things.

If you were on track with someone who responded there is not way to tell how long before trial as the courts are so backed up. It could be two to three years.

[rocket]

Thank you again for the information rockscan.

[arbortrail22]

Hi Everyone- Rockscan - you mention a backlog of 2-3 years for trial... lets stay you are at the trial scheduling conference part of the process- its 2-3 years from that date? .... would you know if trials in Toronto are being booked that far out? How could one get a pulse on it? Thank you as always.

[rockscan]

Hi Everyone- Rockscan - you mention a backlog of 2-3 years for trial... lets stay you are at the trial scheduling conference part of the process- its 2-3 years from that date? .... would you know if trials in Toronto are being booked that far out? How could one get a pulse on it? Thank you as always.

You would need to speak to the court clerk who is responsible for scheduling. The pandemic has impacted scheduling and Toronto is a big area with lots of cases.

[chinup]

If I were you, I would push my lawyer harder to get to a case conference, motion for disclosure with hard time lines, and then go to a settlement conference. Moving things along is the only way to get to either a settlement or trial...being stuck in the system is a money maker for lawyers.

[rocket]

If I were you, I would push my lawyer harder to get to a case conference, motion for disclosure with hard time lines, and then go to a settlement conference. Moving things along is the only way to get to either a settlement or trial...being stuck in the system is a money maker for lawyers.

I couldn't agree with you no more.

I have asked the court to move the case along to a settlement conference but it said that we are not yet ready.

I asked my lawyer several time if we could go ahead with the motion and she said that we are still trying to negotiate with the other party.

It is reasonable to allow some time for the parties to negotiate and settle the case. But why allow one party to drag the case and backlog our system?

And most of these cases would eventually come before a judge anyways.

[rockscan]

I couldn't agree with you no more.

I have asked the court to move the case along to a settlement conference but it said that we are not yet ready.

I asked my lawyer several time if we could go ahead with the motion and she said that we are still trying to negotiate with the other party.

It is reasonable to allow some time for the parties to negotiate and settle the case. But why allow one party to drag the case and backlog our system?

And most of these cases would eventually come before a judge anyways.

What exactly is your lawyer negotiating? Because if the other party isn't responding then you need to move it along. If it's post secondary and child support you simply need receipts for expenses and proof the child is in school full time. Then it's just a calculation. If they aren't providing that, file a motion for disclosure and then move to a settlement conference. If your lawyer refuses to move it's either because there is more going on that you are saying or you need a new lawyer.

[StillPaying]

You must complete your case conference in order to move forward; stop rescheduling the cc. No motion or judge until then.

Get disclosure ordered at your cc, then schedule a settlement conference. Now that the cc is complete, you can bring a motion for disclosure or wait for sc Judge.

[rocket]

What exactly is your lawyer negotiating? Because if the other party isn't responding then you need to move it along. If it's post secondary and child support you simply need receipts for expenses and proof the child is in school full time. Then it's just a calculation. If they aren't providing that, file a motion for disclosure and then move to a settlement conference. If your lawyer refuses to move it's either because there is more going on that you are saying or you need a new lawyer.

I don't know what she meant by negotiating as well. All I know is I get a bill every few months and the other party is very slow in responding. I am going to ask for a settlement conference.

I have a question on the calculation of post-secondary expenses:

Total costs - OSAP grants and loans, then how do you take in to consideration of the child's income?

[rocket]

You must complete your case conference in order to move forward; stop rescheduling the cc. No motion or judge until then.

Get disclosure ordered at your cc, then schedule a settlement conference. Now that the cc is complete, you can bring a motion for disclosure or wait for sc Judge.

Great comments. Rescheduling cc is not really helping.
I am making sure all disclosures then ask for a settlement conference.

[rockscan]

I don't know what she meant by negotiating as well. All I know is I get a bill every few months and the other party is very slow in responding. I am going to ask for a settlement conference.

I have a question on the calculation of post-secondary expenses:

Total costs - OSAP grants and loans, then how do you take in to consideration of the child's income?

Then you need to ask what is happening and look through the bill to see what she is billing for and what is she doing in the time she is spending your money on.

Kid is responsible for one third. You take the total expenses: tuition, books, equipment, transportation (if applicable) and residence/meal plan. Any grants from OSAP (ie tuition grant) comes off the top as well as scholarships and bursaries. From there, 1/3 goes to kid. The remaining two thirds is split proportionate to income less the tax deduction which your lawyer has software to calculate.

Kids income and loans are theirs for their contribution.

[StillPaying]

It is reasonable to allow some time for the parties to negotiate and settle the case. But why allow one party to drag the case and backlog our system?

...Rescheduling cc is not really helping.
I am making sure all disclosures then ask for a settlement conference.

Negotiation time was before submitting your application.
One party drags the case and the other is allowing it. This is not reasonable nor the system's fault. You can't move the case along until after a cc is complete. Avoiding it will ensue you remain in disclosure limbo.