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Old 11-19-2020, 10:25 PM
Meenah Meenah is offline
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Default Form 14B after no form 15B (response to motion to change) filed?

Hi there all!

In short:

If someone has not filed a response to my motion to change, and then missed the extension deadline set by a judge to file it, should I go ahead with a form 14B asking the judge to grant me an order for my motion? All I am asking for in my motion is the child support to be updated to the table amount to reflect the other party's $22K income increase.

Thoughts? Suggestions?
TIA!



In long:
I have set out a motion to change a final order for child support without consent after learning that my child's father's income has increased by $22,000 and him refusing to provide his court-ordered NOA.

He never filed a response, but did show up for the first teleconference. He told the judge that he received a certificate number for legal aid (unsure how he qualified with an income >$70K, but anyway) and was waiting to hear back from a lawyer. At this teleconference, the judge made an endorsement, giving him a one-month extension to serve and file, and set a case conference for 5 months from now.

Fast forward one month. He has obtained a lawyer but they still have not filed a response. (They have now missed the new deadline, and are unable to file a response without my consent.)

In the family law rules, Rule 15 subrule (15) Request for Order, says that I can file a Form 14B asking the court to make the order requested in my motion.

What are the chances of this working? I am just asking for the basic/minumim table/guideline amount of child support in regard to his new income (I finally got the NOA so I have a number to base support on.)

Is this something judges see often? I just don't want to waste my and the court's time and money hearing a case that will likely end up in my favour anyway.

Last edited by Meenah; 11-19-2020 at 10:59 PM. Reason: spelling and grammar
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