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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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  #1  
Old 08-17-2021, 02:16 PM
excel excel is offline
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Default Motion to Change Financial Statement question

Background : Seperated for 8 years , Agreement signed at that time is no longer relevent since living arrangements have changed .
I am about to file a MTC for back child support. When filing out the financial statement , is it merely based on my salary vs my ex's salary ?

Or do I have to figure out the value of my house and car vs my ex's house and car . Nowadays house values seem to change every day .

Any advice is appreciated .
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Old 08-17-2021, 02:19 PM
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Form 13 not Form 13.1 if in Ontario.
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Old 08-24-2021, 11:40 AM
excel excel is offline
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Thank you for the reply.

I have the correct form 13 but it also asks for the value of my assets ( ie: house/car) .

I thought child support was based on how much I earn vs how much she earns ( in a 50/50 situation )

I am also asking for the return of overpayment of child support from previous year. Would that all be done at the same time ?
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Old 08-24-2021, 12:40 PM
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Quote:
Originally Posted by excel View Post
Thank you for the reply.

I have the correct form 13 but it also asks for the value of my assets ( ie: house/car) .

I thought child support was based on how much I earn vs how much she earns ( in a 50/50 situation )

I am also asking for the return of overpayment of child support from previous year. Would that all be done at the same time ?

The details on your assets is in case there is a retro award against you and the judge needed to see if you could pay it. The form is standard for everyone and yes cs is based on income.

For the overpayment, in your affidavit you would outline the overpayment. For instance, my income in the years 2019 and 2020 was abc and def respectively resulting in monthly support of xyz for a total owing of $$$$. I have paid $$$$ for an overpayment of $$$.

And attach a chart showing month, owed, paid and over/underpayment.
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Old 08-27-2021, 12:41 PM
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Thank you again .

OK, so I have to submit a Form 13 and 15 along with Response and Consent Motion to change forms .

I also submit an Affidavit with facts about why I need the motion to go thru .

Do I also include my exhibits ( emails, texts etc ) . What about last 3 years notice of assessment , most recent pay stub , T4 slips and anything I have to support my request.

Does all of that get filed with the Motion at the same time or does that come after ?

Do I basically give the respondent a copy of everything I submit to the court ?

Sorry for so many questions .
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Old 08-27-2021, 01:12 PM
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Yes you attach them all.

Think of it as the court forms are the applications and the documents are the back up to your claims.
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Old 09-20-2021, 12:09 PM
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One final question. When I serve the Motion to Change to the Responding party , do I need to include a copy of the Separation Agreement as well even though the Respondent already has a copy of it and the agreement has also already been filed with the Family court and is part of the record ?
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Old 09-22-2021, 08:33 AM
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In case this might help someone else , I found the answer. It is yes , include another copy of the SA. Thank you
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