affidavit question

[stoopid1]

Hi everyone,

I was just wondering if anyone knows if any additional topics or information can be added to an affidavit that has already been submitted to the court.
My legal aid lawyer has already filed an affidavit in which I am the applicant and my ex is the respondent. There are things that need to be added and explained in the affidavit that has been filed and I need to know if it can be changed or added to. The case conference for which this affidavit was filed isn't until july 11th. Does that mean I can still submit new or important information?
thanks stoop

[logicalvelocity]

stoop,

I am not entirely clear why you filed an affidavit for a forthcoming case conference. Are you sure it is a case conference or a motion date.

If is is a case conference, the proper form is a case conference brief. Generally no attachments are allowed on the brief, However you can make statements in your brief the are back-up by the attachments.

If the matter are not settled, the next step is generally a motion. On the motion, you can file an affidavit.

lv

[stoopid1]

hi LV, you always pull through for me. thank you

there is a case conference on july 11 and a motion on july 21. My lawyer has submitted an affidavit on May 01, 2006. I was reading it over and realized there's alot the judge needs to know that's not submitted. I would like to add to the first affidavit or make a new one to be added in.

also exactly as you said, I want to make statements and have attachments to back them up both at the case conference and the motion. I don't know why they'd want a case conference for this? what would be it's purpose?

sorry being stoopid1 ( I should have used a capital S ) forgot to mention this is to vary my child support order. There's another entire post in itself and it will be a hot one. I'll try to start it soon with real time play by play details.

thanks LV
Stoop

[logicalvelocity]

stoop,

the reason for the case conference is because there is a court order already in place.

Perhaps they are bringing forth a motion to vary the current child support order to reflect the new guideline amounts that became effective May 2006.

I would speak to your lawyer, in regards to the additional affidavit material.

It appears you have lots of time still.

lv

[shorty]

i am going back to school, and my status is separate, now i need a affidavit for my son, we both change status to separate, but the problem is we live in the same house because we cant afford right now to get our own. now i want to know how do i claim my son for my school, i was trying to get a government loan. i told them he live with me, and they want an affidavit that stating he live with me until i finish school and the date that we separate. we are separate on everything for a long time, and do our own thing. now what do i put in my affidavit for school? because if you put your kids live with you they give you more allowance for school

[Mess]

From my experience with OSAP you will need more than an affidavit. You will need a custody agreement filed by the courts.

If you are living in the same house and splitting expenses and caring for the child together, you may be separated in your intent, but you are not separated for the purposes of student loans to claim that you have the child with you full time. Claiming this would be fraudulent.

Now understand, I can't think of anyone I know that didn't take as much advantage of OSAP or other assistance as they could and I'm getting high and mighty here, but you will run into requirements for documentation and you will need to fulfill them.

For other reasons I would suggest that you and your ex work out a shared custody agreement, have it signed by lawyers and notarized and file it with the courts, this is to protect you both in the long run. If you want to put off questions of divorce, support, equalization etc there is still nothing to stop you from filing a custody agreement. If your ex isn't co-operative then there isn't a lot you can do.