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-   -   How to change a temporary order? (https://www.ottawadivorce.com/forum/showthread.php?t=22668)

blue_dream1963 08-09-2019 01:14 PM

How to change a temporary order?
 
Hi everyone, my question is how could I go about changing a temporary order for spousal support that was only supposed to be in effect until March 2019? There have been 2 case conference dates that were scheduled, only to be cancelled by the other party. Another is scheduled for later this month and it appears they are now going to cancel that one too. Would I have to file a motion to change the order with the court? One that would end the temporary order and go back to the agreed upon amount in the separation agreement.
I keep getting excuses and delays without any back up from them. My ex is getting more $ now so she has no intention of changing that.
I do know that it has to be a judge to change the order, need to know how to go about that? What forms do I need to fill out and submit in the likely event that they cancel again.
Thanks for any feedback..

arabian 08-09-2019 07:09 PM

What does the order actually say - is it an INTERIM order?
Unless you can get your ex to agree on consent you will have to get another order.
If you live in Ontario look under the forms section of Superior Court of Ontario. Notice of Motion. There is much information in this forum archives about how to complete these forms, as well as on-line information.

blue_dream1963 08-09-2019 08:27 PM

Thank you for the reply. It is a form 25, a temporary order. Cannot get her to agree on consent. They want to delay cc till after she gets info on her dispute with her employer for entitlement for ltd, which has been denied twice now. She is without employment income as a result. Her lawyer says if they don't get the delay they will ask judge for more $ at cc. Im wondering if its better for me to go ahead with cc or just file a motion to change the temporary order? Will the judge award more $ on temporary order at the cc? Its my understanding that at cc, the judge does not make ruling. Will I be in position to argue that I want the order terminated, or will she in fact be able to get more. She has only provided a Drs note dated from June, refuses to disclose any info on the nature of disability or how it affects her ability to work or when she could return to work. Any feedback is appreciated. Thank you

tunnelight 08-10-2019 12:48 PM

Quote:

Originally Posted by blue_dream1963 (Post 237375)
temporary order for spousal support that was only supposed to be in effect until March 2019? .


What does "supposed to" mean ? Did the order specify that it would end in March 2019? Where does the date March come from?

Quote:

Originally Posted by blue_dream1963 (Post 237375)
There have been 2 case conference dates that were scheduled, only to be cancelled by the other party. Another is scheduled for later this month and it appears they are now going to cancel that one too. .

What do you mean cancel? They don't show up to court? Do you still attend? What does the judge say?

blue_dream1963 08-11-2019 05:46 PM

On the temporary order it stated that we would attend a cc on March 29th at which time the ss amount would be adjusted. That never happened because they adjourned it. They said(lawyer) that they would schedule a cc for June or July...they didn't ,so I did. Now they want to adjourn this one on the 19th and reschedule sometime in October or November. I just want to know if I have to file a motion to change the temporary order in my cc brief. I have not agreed to the delay and told them i expect to see them in court on the 19th. So I need to prepare my brief. To date we have only had one cc back in Febuary, thats when the temporary order was issued.

tunnelight 08-11-2019 10:55 PM

adjusted based on what criteria? I thought you said it was supposed to end?

what was their reasoning in wanting an adjournment? What did the judge say when he/she ordered the adjournment?

So is she on disability now or hoping to get on it by when? Do you have disclosure? Is SS supposed to go down with her being on disability, or up, or stay the same?

I would definitely attend the case conference, advise the judge it's already been adjourned and ask for a motion to deal with the issue.


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