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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-22-2007, 02:26 PM
dickstacie dickstacie is offline
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Default Doing it all over again

LV,
Do you think it would be possible to take my ex back to court to set aside everything thus far since financial disclosure has never taken place? When I took my ex back to court recently, I submitted a form20 (?) a request for information. We ended up stupidly going into mediation who didn't tell my ex or I that retroactive child support should not have been negotiable, and I believe, if that was brought up in front of a judge, my son would have got the whole amount owing and not just a negotiated amount. Since our separation, we have been to court twice..and both times, his financial information was fraudulent. He never did disclose the information that I had requested. We still haven't got the signed order from the courthouse as yet, is there anything that I can do in the meantime to proceed to get ALL of the orders changed since all of the information from my ex was fraudulent? Please help as I would like to start to remedy this situation now or get the ball rolling.

Thanks.
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Old 07-03-2007, 08:16 AM
logicalvelocity logicalvelocity is offline
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dickstacie,

as you mentioned,

Quote:
Do you think it would be possible to take my ex back to court to set aside everything thus far since financial disclosure has never taken place?
Yes, orders obtained on fraud can be set aside. Moreover nothing is ever final in family law. However, status quo living regimes of children are difficult to change no matter how it was obtained.

Quote:
We ended up stupidly going into mediation who didn't tell my ex or I that retroactive child support should not have been negotiable, and I believe, if that was brought up in front of a judge, my son would have got the whole amount owing and not just a negotiated amount.
Mediation is not mandatory and is volunteer. It is difficult to say how the court would of ruled on the retro amount of child support. I would say most likely you would of received retro amount to the date of application. Prior to application, everything would swing on the facts and is not absolute.

Quote:
Since our separation, we have been to court twice..and both times, his financial information was fraudulent. He never did disclose the information that I had requested.
The child support guidelines by default delegate how often you can ask your ex for financial information even when a court action is not ongoing.

See section 25(1) of the act

http://www.e-laws.gov.on.ca/DBLaws/R...391_e.htm#BK27

Continuing obligation to provide income information
25. (1) Every parent or spouse against whom an order for the support of a child has been made must, on the written request of the other spouse or the person or agency entitled to payment under the order not more than once a year after the making of the order and as long as the child is a child within the meaning of these guidelines, provide that other spouse, or the person or agency entitled to payment under the order, with,
(a) the documents referred to in subsection 21 (1) for any of the three most recent taxation years for which the parent or spouse has not previously provided the documents;

(b) as applicable, any current information in writing, about the status of any expenses included in the order pursuant to subsection 7 (1); and

(c) as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship. O. Reg. 391/97, s. 25 (1).

Quote:
He never did disclose the information that I had requested. We still haven't got the signed order from the courthouse as yet, is there anything that I can do in the meantime to proceed to get ALL of the orders changed since all of the information from my ex was fraudulent? Please help as I would like to start to remedy this situation now or get the ball rolling.
As I mentioned already, orders obtained on fraud can be set aside by the court. See Rule 15, Sub rule 14a of the family law rules.

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

CHANGING ORDER — FRAUD, MISTAKE, LACK OF NOTICE
(14) The court may, on motion, change an order that,

(a) was obtained by fraud;


(b) contains a mistake;


(c) needs to be changed to deal with a matter that was before the court but that it did not decide;

(d) was made on a motion without notice; or

(e) was made on a motion with notice, if through accident or inadequate notice an affected party did not appear on the motion. O. Reg. 114/99, r. 15 (14).
APPLICATION OF RULE 14

(15) Rule 14 applies with necessary modifications to a motion to change a final order or agreement. O. Reg. 89/04, s. 7 (5).

MOTION UNDER RULE 14

(16) A motion under rule 14 may be made on a motion to change a final order or agreement. O. Reg. 89/04, s. 7 (5).

The proper procedure would be to bring forth a motion to change the order as it appears that it was a consent order that was agreed to with respect to fraudulent information supplied to you for consideration.

lv

Last edited by logicalvelocity; 07-03-2007 at 08:31 AM.
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