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  • Requesting a Dismissal

    Hello All,

    I have been reading a good deal of the posts on this forum and I have a question of my own. I am assisting my husband with his family law matters in that I do most of his paperwork with his guidance.

    We were wondering the following. The mother of his children began a motion to change process back in spring of last year. She failed to submit her financial information for 2017 with the court paperwork at that time. Aside from her pay stub. We requested on multiple occasions that she provide her income tax returns and her notices of assessment. She did not provide this. There was multiple delays in court process and now we are going to have a case conference in the next few weeks. What I am wondering is, should she fail to provide proper financial information yet again is this grounds for us to ask dismissal of her motion? Part of her reasoning in filing a motion to change the order is because she has a problem that my husband isn’t giving her enough for section 7 expenses. However, we aren’t able to calculate proportionate share because we don’t actually know what her yearly income was and she just expects my husband to pay her an obligatory amount that she decides on with no substantiation in the way of receipts or proof of her income.

    Any help and clarification on how to deal with this matter would be greatly appreciated!

  • #2
    The judge can make an order for production of these documents. You can request a deadline. Should she fail to meet that deadline you could seek a hearing for dismissal with costs.

    Make sure at the conference you point our your requests and her refusals.

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