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Old 11-05-2010, 11:21 AM
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Epona Epona is offline
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I don't think you can have his motion dismissed. He has a right to present his version to the Judge but he and his lawyer do have to follow the Rules, and they are hoping to walk all over you because you are unrepresented.
If your ex has been missing for ten years, he may a valid argument to have the arrears lessened as his income may have varied (probably has) year to year. So you'd be basing his arrears on the agreement/court order filed and he'd be basing the amount owing on what he should have been paying based on his fluctuating income over the years. It could very well be that the Judge would agree with him and the arrears will decrease.
The unpaid S.7 arrears my ex owed me based on what he had informally agreed to pay came to about $1,700 and was rapidly whittled down to $54 when the Judge looked at his income (he became unemployed just before I started court action and I didn't know he was unemployed).
So depending on the figures, the Judge may favour his position that the arrears isn't as high as you believe. And learn from me, if you persist that he owes what you believe and don't relent, you may end up paying court costs and not getting the arrears payments you hope for.
When you say "first court hearing" do you mean first case conference? Because you don't meet the Judge during the first court date.
Advise your ex in writing via his lawyer that you will re-calculate the arrears owing once you have received copies of his ITR and Assessments and base the calculations of his line 150. And if you don't receive a response from them, file a copy of the letter in an Affidavit (general) with court, after serving a copy with them.
That's my advice -- it would show that you are trying to be fair and reach a solution but they are being un-cooperative. It might help you.