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Old 10-27-2009, 08:50 AM
#1StepMom #1StepMom is offline
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Thank you for your replies.

We didn't consider adding "costs" to the offer. We felt that costs would be addressed/taken care of by the judge.

After all, the rules state:

COSTS CONSEQUENCES OF FAILURE TO ACCEPT OFFER
(14) A party who makes an offer is, unless the court orders otherwise, entitled to costs to the date the offer was served and full recovery of costs from that date, if the following conditions are met:
1. If the offer relates to a motion, it is made at least one day before the motion date.
2. If the offer relates to a trial or the hearing of a step other than a motion, it is made at least seven days before the trial or hearing date.
3. The offer does not expire and is not withdrawn before the hearing starts.
4. The offer is not accepted.
5. The party who made the offer obtains an order that is as favourable as or more favourable than the offer. O. Reg. 114/99, r. 18 (14).

Should we include a cost clause anyway?

Also, we are thinking about adding a statement at the bottom, which reads: The Respondent requests that one just method of calculation be determined and followed for all child support adjustments in order to provide the fairest determination of actual income and determine an amount that is fair and reasonable in light of any pattern of income, fluctuation in income, or receipt of a non-recurring amount during those years.

Is this appropriate?

We're planning on letting the offer expire on the date of trial (which we are still waiting to be notified about). My husband wants to serve it ASAP, however, as he just started a new position yesterday, and wants to make sure the his child support is not - yet again - based on his "current" income without taking into account - yet again - the months he was unemployed and receiving no pay.

Any other suggestions?

Last edited by #1StepMom; 10-27-2009 at 08:54 AM.