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Old 06-08-2021, 11:05 AM
hardheadedwoman hardheadedwoman is offline
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Join Date: Aug 2020
Location: Ottawa area
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Default Motion to Change CS Filed with omissions

Hello Everyone,
Looking for advice on how to respond to a Motion to Change CS by the Payor.
There is nothing in the Payor's statement, that can be agreed to as there are ommissions, and untruths.
Payor is attempting to pay CS for 2021 based on 2019 earnings, and will not reveal 2021 earnings.
Form 13 has obvious ommissions & mistakes...(property value is the same as it was 8 years ago)...Monthly Income is understated by $2,000 when compared to attached paystubs.
Pension that the Payor had at the time of divorce is suddenly not there any longer...
Arrears calculation is also incorrect (simple mistake, 14 months are owed, but only 13 months were used in the calculation).

My 1st question: Would someone file a motion on purpose with this many mistakes? Why would their legal counsel want them to do this?
How does the Recipient respond? There's not enough room to list all the errors on the Response form, so do we just ask for a dismissal of the Payor's motion and file a new one as the Recipient?

My husband is unrepresented, and I've been doing the research. I know many of you here say to stay out of it, but I will not stand by while he gets kicked down again. He is a great dad and stepdad, and husband. He works long hours, and has a long commute, all so that he can maintain a separate home for the weeks he has his children. The Payor doesn't appear to see any of this, she just wants to keep all her paycheque, even though he was the one that supported her financially while she went back to school, and cared for the kids while she did.
I guess none of that matters, but it does to me. He's a good man, and the child support is for the kids...and that's what the Payor doesn't seem to understand.

I'm trying to understand why anyone would file this...I think it could go very badly in Court for the Payor...
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