Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 01-29-2014, 12:06 AM
notaclue notaclue is offline
Member
 
Join Date: Dec 2011
Posts: 44
notaclue is on a distinguished road
Default Response to CC brief

Just a quick question if anybody can help please:

My fiancee is being dragged back to court by her ex to terminate SS, in doing that he produced income returns, which will double her SS.

His Motion to Change is changing the last CO, where her CS is deducted from what he pays her.
He is looking to terminate SS adn to recieve CS.

Does she file her own motion to change based on his income, or do we add it as part of the response to F17 case conference brief?

- self represented so now lawyer.

thanks........
Reply With Quote
  #2  
Old 01-29-2014, 02:34 AM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,287
Berner_Faith will become famous soon enough
Default

I don't know about some of the other stuff, but why do you assume his income statements will double her SS... SS is usually a set number, regardless of income going up, unless their order stated that it will be reviewed and updated with income changes?

Make sure you have all your ducks in a row before attempting to increase SS as it is a total different calculation than CS and seeing as she is about to remarry, there may be a clause allowing him to reduce or eliminate SS
Reply With Quote
  #3  
Old 01-29-2014, 07:37 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,000
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by notaclue View Post
My fiancee is being dragged back to court by her ex to terminate SS, in doing that he produced income returns, which will double her SS.
Why is your fiancée receiving SS now that you are capable as a future spouse to support this person? Do you feel you are entitled to the money being paid to your future spouse or do you simply not stack up as a spouse in earning potential?

Generally, once a ex-spouse is in a long-term comitted relationship (common law or marriage) most SS agreements are terminated. Most common reason is the new spouse takes on the responsibility of financially supporting their new spouse if they are simply unable to make a sufficient income.

It is probably with good advice that the ex-spouse is bringing this matter before the courts to resolve as you should now take responsibility for this adult person who needs financial support from another adult for whom they were once dependent on for it. This person rightfully should be your responsibility and you should step up and take on that responsibility in my humble opinion.

Quote:
Originally Posted by notaclue View Post
His Motion to Change is changing the last CO, where her CS is deducted from what he pays her.

He is looking to terminate SS and to recieve CS.
There has been a material change in circumstance now that you are involved in the matter for the courts to reconsider the SS arrangement. As well, if the other party is seeking CS then it is probable that the children are only with you and your future spouse less than what was previously accounted for.

Quote:
Originally Posted by notaclue View Post
Does she file her own motion to change based on his income, or do we add it as part of the response to F17 case conference brief?
Firstly, no motion is heard prior to a Case Conference. As you have titled this thread identifying that you are looking for information regarding a CC Brief you shouldn't be concerning yourself with a motion.

But, when the time comes, your future spouse can bring a motion with affidavit evidence wrought with nonsense about how someone they once were in a relationship with, whom they receive "support" from should continue (and pay more) of this support... especially now when they are getting remarried to another person who should actually be taking on that responsibility... in light of the fact that the other party in the matter has taken on more responsibility for caring for the children in the matter and on top of that improved their earning potential...

Suffice to say... You and your future spouse have a long uphill battle and should really consider settling this matter, dropping the nonsense and focus on your new future families needs and how to manage your finances without the assistance and support of others...

Quote:
Originally Posted by notaclue View Post
- self represented so now lawyer.

thanks........
I would recommend you get a lawyer and fast.

Good Luck!
Tayken
Reply With Quote
  #4  
Old 01-29-2014, 07:39 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,000
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Berner_Faith View Post
Make sure you have all your ducks in a row before attempting to increase SS as it is a total different calculation than CS and seeing as she is about to remarry, there may be a clause allowing him to reduce or eliminate SS
Or... a justice will order such a clause to be added or simply terminate the support.

The OP also needs to insure that their future spouse includes their income totals as required on Form 13/13.1. It is an affidavit sworn to the truth if the OP is not aware...
Reply With Quote
  #5  
Old 01-29-2014, 08:09 AM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Quote:
Originally Posted by Tayken View Post
There has been a material change in circumstance now that you are involved in the matter for the courts to reconsider the SS arrangement. As well, if the other party is seeking CS then it is probable that the children are only with you and your future spouse less than what was previously accounted for.
I read the OP a little differently. There is an existing court order, so they have already been to court at least once. This order stipulates that CS paid to the father will be subtracted from SS paid to the mother. So there is already an order for CS, and there doesn't appear to be a change in physical custody.
Quote:
Firstly, no motion is heard prior to a Case Conference. As you have titled this thread identifying that you are looking for information regarding a CC Brief you shouldn't be concerning yourself with a motion.
Again, if they already have a court order, then they already have had a Case Conference, and either went to trial, or agreed to settle and it was incorporated into the final order.

They can now file a motion to change/end the final order; there will be a Case Conference for the new motion.

I agree with the rest of your post.

To answer the OP's question, add it to your response.
Reply With Quote
  #6  
Old 01-29-2014, 10:00 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,000
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Mess View Post
I read the OP a little differently.
I read the title subject of the thread as "Response to CC brief".

I suspect that a new Application was brought forward by the person seeking to change the existing order / agreement. How the existing agreement / order was reached is not really of much value.

As generally there is only one "CC" after an Application is made this reads to me as a fresh new Application brought forward under a "material change in circumstance".

Quote:
Originally Posted by Mess View Post
There is an existing court order, so they have already been to court at least once.
But, if marked FINAL the only way to disrupt the existing FINAL agreement / order is to bring a fresh new Application which would require a Case Conference and hence a requirement to respond to a CC brief. My logical conclusion is simply that this poster's dependent spouse is facing a fresh new Application.

Quote:
Originally Posted by Mess View Post
This order stipulates that CS paid to the father will be subtracted from SS paid to the mother.
It is hard to determine unless the OP addresses a simple question. What is the access schedule of the children involved in the matter. But, like we often see with people concerned with money over the best interests of children, this poster is concerned about the support payments (spousal) that their future spouse receives and getting information on how they can get more...

The question to the OP is: Does your dependent future spouse have the children residing with her at least 40% of the time or less than 40%?

Quote:
Originally Posted by Mess View Post
So there is already an order for CS, and there doesn't appear to be a change in physical custody.
Quite possibly. If there is a clause or sufficient evidence to a material change in circumstance the SS may very well end which would require the OP's future spouse to pay child support to the other parent should the SS be eliminated now that there is a new spouse involved who should be fully capable of supporting this dependent individual whom appears to be a CS payor. Which would suggest that the dependent individual didn't sacrifice much in the relationship as they pay CS which would suggest at minimum an off-set CS payment or full table amount of support being paid.

Quote:
Originally Posted by Mess View Post
Again, if they already have a court order, then they already have had a Case Conference, and either went to trial, or agreed to settle and it was incorporated into the final order.
Ah but, see the challenge here Mess is that if they have a FINAL order the only way to dispute it is to bring a fresh new Application. Once a matter is marked FINAL it is final. A new Application and Trial will be required. Unless the justice in the matter has ceased themselves of the issues for a specific period of time.

I suspect that the OP's dependent future spouse is facing a fresh new Application on a challenge to an existing FINAL order (made on consent or ordered by trial) and facing a fresh new CC...

Quote:
Originally Posted by Mess View Post
They can now file a motion to change/end the final order; there will be a Case Conference for the new motion.
Which is a whole new Application for which a material change is the basis for the Application and the first thing that will be addressed.

Good Luck!
Tayken
Reply With Quote
  #7  
Old 01-29-2014, 11:41 AM
notaclue notaclue is offline
Member
 
Join Date: Dec 2011
Posts: 44
notaclue is on a distinguished road
Default

QUantum not duration subject to change.

is on the order, and her ex earns four times my earnings, and 3 times hers, and he is basing it on us living together for 2 years, we only know each other 2 years, and common law 18months
Reply With Quote
  #8  
Old 01-29-2014, 11:47 AM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Quote:
Originally Posted by Tayken View Post
Ah but, see the challenge here Mess is that if they have a FINAL order the only way to dispute it is to bring a fresh new Application. Once a matter is marked FINAL it is final. A new Application and Trial will be required. Unless the justice in the matter has ceased themselves of the issues for a specific period of time.
Nope.

If you have a final order for support you may file a motion to change if you want to change the amount - which many do yearly - or if you seek to end support. There are even specific checkboxes for this. (I'm on the school library computer and don't have my links handy. I think it is form 15. 15c for a consent motion.) It doesn't take a new application to change or end a support order. Unless you mean a motion application?
Reply With Quote
  #9  
Old 02-02-2014, 10:57 PM
AnarX AnarX is offline
Senior Member
 
Join Date: Jul 2010
Location: Ottawa
Posts: 172
AnarX is on a distinguished road
Default grow a pair

Quote:
Originally Posted by notaclue View Post
QUantum not duration subject to change.

is on the order, and her ex earns four times my earnings, and 3 times hers, and he is basing it on us living together for 2 years, we only know each other 2 years, and common law 18months
That rings a bell. Her ex sounds like me.
I am a man. You are a man. You should grow your own pair and start paying for what you are getting for free.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Response to response to motion to change Tropicflower Divorce & Family Law 8 10-06-2011 07:38 PM
Response to a Counterclaim Roni Divorce & Family Law 2 12-10-2010 02:08 AM
No response to motion superdad Divorce & Family Law 4 05-25-2010 05:05 PM
Response to Motion to Change representingself Divorce & Family Law 11 10-16-2009 11:58 PM
Dragged Out Response - What Can Be Done? #1StepMom Divorce & Family Law 8 11-26-2008 03:53 PM


All times are GMT -4. The time now is 01:01 PM.