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Old 12-16-2015, 09:46 AM
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Default Case Conference Coming - Couple of Questions...

Hi Folks... I'm just days away from my first ever Self Rep at a Case Conference. I've been studying and preping as best I can but have a couple of quick questions for you knowledgeable types..

My Motion is strictly to adjust child support from Monthly Table to s.7 as both kids are away to University. University is expensive, and my overall payments will only drop slightly (~10%). She responded (in addition to fighting everything of course) that she wants a full review of Spousal for "Material change of Circumstance" among other things.

Question 1 - Can I say to judge that I'm not prepared to argue SS at this Motion (gets into Compensatory, non-compensatory, and other complicated stuff)? This motion is strictly CS and if she wants to talk SS then she needs her own motion. Is that a valid position, or will I have to fully prepare to talk SS as this moves forward?

Her CC Brief is dozens of pages with lots of statements and disclosures, some of which are of significant benefit to *my* side of the case.

Question 2 - After the CC, does the CC Brief "disappear"? or is there any way the info in it can be attached to the Continuing record.

Thanks ..
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Old 12-16-2015, 10:25 AM
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Seems she is trying to piggy-back on your motion. My ex tried that and was unsuccessful. His lawyer was directed to file a separate motion. You might want to find some appropriate case law on this as well as be able to specifically argue the rules of procedure. (Although keep in mind that my situation was in a courtroom not at a case conference).

I believe the briefs are trashed after the case conference.
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Old 12-16-2015, 10:50 AM
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Thanks Arabian... very helpful as always. I'm actually not afraid of addressing SS, just that it's a whole different set of prep and I want to stay focused on what is important for the kids.

This is my first ever Case Conference, so am curious as to how formal/informal the judge will take things.... and I'm getting mixed messages as to whether they can actually make an Order...
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Old 12-17-2015, 06:17 AM
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In my case, Milton Court, Ontario, I didn't find the Case Conference serious at all.

Good call on representing your self. Save your self 5k.


If you woudn't mind, I'd like to hear how you did. I will be doing the exact same some time in the future.

Thanks,
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Old 12-18-2015, 03:08 PM
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Hi North.. went so-so. This was a "simple" CC on a motion to change CS as both kids have moved out and are going to university. Judge blasted me as she couldn't understand at all what I was asking... she didn't seem to have much patience with me. Glared at me and made several references, "you're not getting out of Child Support"... which is the last thing I'm trying to do.

The s.7 University payments are about the same as Table I am now paying.. so without this order I'm paying full table (kids not living at home) and monster s.7.

After all my painstaking hours of research and prep, I've got a hell of a lot more work to do for the full Motion. Judge did provide quick guidance on how to word my Motion.

Basically she said she had no power to make an Order unless it was on consent, and she could see quickly that there would be no consent.... so she just said forget it and scheduled the full Motion for March.

Whole process was intense and intimidating.
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Old 12-18-2015, 04:16 PM
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Quote:
Originally Posted by SomeGuy View Post
Hi North.. went so-so. This was a "simple" CC on a motion to change CS as both kids have moved out and are going to university. Judge blasted me as she couldn't understand at all what I was asking... she didn't seem to have much patience with me. Glared at me and made several references, "you're not getting out of Child Support"... which is the last thing I'm trying to do.

The s.7 University payments are about the same as Table I am now paying.. so without this order I'm paying full table (kids not living at home) and monster s.7.

After all my painstaking hours of research and prep, I've got a hell of a lot more work to do for the full Motion. Judge did provide quick guidance on how to word my Motion.

Basically she said she had no power to make an Order unless it was on consent, and she could see quickly that there would be no consent.... so she just said forget it and scheduled the full Motion for March.

Whole process was intense and intimidating.
Another USELESS case conference. You must be in Ontario right?
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Old 12-18-2015, 04:42 PM
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Quote:
Originally Posted by arabian View Post
Another USELESS case conference. You must be in Ontario right?
How'd you guess All in all, as it was my first experience in a live self-rep situation, it's probably better nothing happened as it was a lot more intense than I anticipated, and will help me get ready for the real motion in 3 months.

Really caught me off guard how hard she (judge) came down on me, and seemed to give ex freedom to ramble with lies about what an a**hole I am.

ugh... I have earned my Friday beer
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Old 12-20-2015, 06:46 AM
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Hey Some Guy;

Full credit for self repping. At least you saved the money and picked up some valuable info. I like the way Arabian put it....Ontario=Useless.

I saw a variety of judges on my way to an actual sep. agreement. Some were completely off the wall, which initially knocked me back, then I realized they were like a kid who hadn't had their cookies after dinner and were pulling a bit of a temper tantrum. Ignore them. If you ever saw them on the street, they'd never act this way.

There are some fair judges out there....or more reasonable. Hopefully, you can get one of these next time.

I find the 'full table as the kids aren't at home' crazy. I can't see that actually being the case.
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Old 12-20-2015, 11:43 AM
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I'm curious as to if your ex brought out SS at the case conference and if she did what the judge's response was. Was your ex directed to initiate her own motion or was it discussed at all?
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Old 12-21-2015, 09:55 AM
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Quote:
Originally Posted by arabian View Post
I'm curious as to if your ex brought out SS at the case conference and if she did what the judge's response was. Was your ex directed to initiate her own motion or was it discussed at all?
Didn't come up at all. She got hit pretty hard on collecting table while they are away from home, but I have to clean up the wording (self rep lesson learned) and resubmit the motion application in 30 days. Judge said straight to Motion (early March)... no Settlement Conference or anything else.

We never got past CS issues. I guess I'll wait for her revised response... but it's a whole different level of prep if I have to argue SS at the real Motion hearing.
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