Financial Disclosure

[tunedx]

I proposed some dates to schedule a settlement conference however what happens if the moving party doesn't recieve consent.

Can a conference still be heard if its booked?

[tunedx]

I believe it was August 8th 2022.

[StillPaying]

What date was provided at your last conference?

[tunedx]

The next available date for a settlement conference unfortunetly is January 8th 2024. If I secure this date is there anything that can be done if she adjourns the conference for any reason? The conference will be to address additional parenting time which was my plead and ongoing section 7 expenses. I don't see the point to request additional parenting time. Is it still possible to book this conference for the ongoing section 7 expenses?

[rockscan]

Ya SP is right. You need to schedule a settlement conference.

If you owe any additional support you need to deal with that first. You can't go to court requesting anything if you owe support. You can request a recalculation of section 7 but not support if you know your income and support.

[tunedx]

You filed first? It was to update your 2016 order? You were seeking clarification on parenting time? Your ex countered with financial matters? The interim order was for financial matters? You filed a long motion for what?

Actually my ex filed a motion to change( I never consent to have my daughter enrolled in cheerleading. The cost exceeded the order. We couldn't reach agreement what the s7 and support arrears owing was. Also she wanted to change the language for travel consent.) I countered with request for additional parenting time. Unfortunately, the interim order was to address s7 and support arrears which left outstanding issues to have a long motion. The long motion was supposed to address my request for additional parenting and ongoing s7 expenses which was her plead.

I think you can request another conference and address the items in the motion you filed with an amendment to request other things but SP may have more info?

[StillPaying]

It should already be booked, but you're looking for a settlement conference date. Definitely not a case conference. By your questions and description, the best thing you can do is read Kinso's links:

http://www.ottawadivorce.com/forum/f...rio-family-law

[rockscan]

You filed first? It was to update your 2016 order? You were seeking clarification on parenting time? Your ex countered with financial matters? The interim order was for financial matters? You filed a long motion for what?

I think you can request another conference and address the items in the motion you filed with an amendment to request other things but SP may have more info?

[tunedx]

To clarify the next step..


1. DRO case conference heard
2. Interim motion
3. The Long Motion 2hrs(parenting which was my mtc and section 7 was her motion) – to resolve this matter was not heard due to the matter being set down as a NEW Matter versus just return of the matter in February. There was some sort of mix-up here.

I don't believe its worth addressing the parenting issue however the section 7s, I didn’t plead it in my Form 15 Motion to Change. However, my ex did, and the issues remain unresolved and outstanding.

Long motions are not being heard until January 2024. Do I book a case conference or another long motion? What’s the difference?

[StillPaying]

I've never had a conference end without booking the next conference. You may have (procedural, regular or long) motions in between, but the next conference should be booked. Call the court the see if there's a date, otherwise book it and notify the other side. This would most likely be a settlement or trial management conference with your case management judge vs a case conference. Request your disclosure at the conference.

[rockscan]

So misunderstanding with the filing process doesn't mean the matter is closed. Stillpaying may disagree with me but I think you should see about setting the date for the next case conference and ask for disclosure as part of that filing. You can also notify your ex that you plan to move this along and request full details. She should have her NOA back and also receipts for the expenses but truly you want the section 7 changed to be on request not a set amount as they are probably not using $500 a month.

[tunedx]

Ok you've started another thread about a motion to change so I'm going to answer based on that new information but I have some questions…

You are currently in the process of a motion to change and the other party has not provided disclosure? You have a motion date or case conference in August?

The motion to change wasn't heard in August 2022. Unfortunately there was misunderstanding with the filing process. I'm requesting financial disclosure for 2022 and supporting reciepts. I've filed to Form 20 "Request for Information. Form 20 sent in February 2023. Reply was following court order which indicates " April 30 shall exchange tax information and May 1st to make changes. Form 20 sent on May 30, 2023. Reply was once NOA is received I will provide it. Its now June. What shall I do?

Do you pay a set amount monthly that is unchanged or do you agree and then pay your amount?

I pay a set amount

If you pay a set amount but have not been provided any info AND you are currently in the process of a motion, you will list this out. And request a change to the section 7 expense calculation as the kids are getting older and their expenses change. You want to receive a history of expenses with proof of cost and have any overpayment credited to you.

I pay a set amount. Garnished from the source. Do I proceed with the motion to change or is this a separate issue?

If you don't pay a set amount monthly stop paying until she provides you proof.

[rockscan]

Ok you've started another thread about a motion to change so I'm going to answer based on that new information but I have some questions…

You are currently in the process of a motion to change and the other party has not provided disclosure? You have a motion date or case conference in August?

Do you pay a set amount monthly that is unchanged or do you agree and then pay your amount?

If you pay a set amount but have not been provided any info AND you are currently in the process of a motion, you will list this out. And request a change to the section 7 expense calculation as the kids are getting older and their expenses change. You want to receive a history of expenses with proof of cost and have any overpayment credited to you.

If you don't pay a set amount monthly stop paying until she provides you proof.

[tunedx]

I am the payor who also contributes $500 towards section 7 expenses. Any monies not spent shall be credited annually. Aside from support possibly being adjusted I’m almost positive I’m entitled to be reimbursed for s7 expenses.

Is a motion for disclosure still required?

[rockscan]

A motion for disclosure. If you believe that income has gone up, you may need to file a motion to change to update support with a request for updated disclosure. Their response will include an updated financial statement and current income information.