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Old 11-05-2010, 10:55 AM
kelly kelly is offline
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Join Date: Oct 2010
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Angry Can I apply for an application to dismiss Respondents Motion to Change

I am self representing in this matter. My case is similar.


I am hoping you can help. I am now involved in a motion to change filed by the respondent. He has been in arrears for over 10 years and has dodged addresses, been arrested on defaults, you name it. Now that he has surfaced, I have brought the matter back in front of the courts. He filed a motion to change basing it on the child support arrears be lessened, no further ongoing support however both children are in post secondary school. I am seeking an order for retro, extra ordinary expenses, child support arrears etc. Due to his motion being filed, I had to file a motion to change as I did. Our first court hearing was yesterday. As he had not complied with the original order of 2002 (he owed me court costs), I asked for his motion to be dismissed. As well, he had not submitted the correct financial documents (assessments, reassessments). the court awarded me costs for yesterday, as his lawyer showed up and they were not prepared, and my request for his order to be dismissed was upheld, however he must submit all documents and fullfill the requirements of the 2002 order by November 25th which is the next hearing date. I am to receive the court costs and his laywer is to forward the receipt to the courts prior to the court date showing that this amount has been paid. Now that I have said that, if I have not heard from him or his laywer by 2 days prior to the case, I want to file an application to dismiss his application all together and have the judge base the case on my material only. Can I do this and what do I need to do to complete this? Your help is greatly appreciated.