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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 10-16-2020, 07:38 PM
lulubuttons lulubuttons is offline
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Default Served with Application - a discussion/questions

More of a discussion thread really.

Husband was served with an application for enforcement of child support.

All child support has been paid up to date and on time.

In the application it mentions that he hasn't provided his last 3 years NOA's or financial info and/or updated his child support table info....except, he has done all of this and she even has the correct amounts written in her application.

She has gone to FRO for enforcement but they said they won't touch it until order is updated by courts.

The other thing is that he was served on Oct 17 and court date is set as Nov 17. From what we can figure on the paperwork she actually filed on Sept 24 but waited to serve until Oct 17. There were also several pieces missing from the package (like a copy of Form 10, Form 13, and the separation agreement). Does any of this matter procedurally?

Husband has all info. It has already been provided to her by the agreed upon dates every year. He also pays his support on time and has not missed any payments since divorce.

We'd like to self rep on this since it seems ridiculous to have to pay a lawyer, but just wondering if anyone had any thoughts or insight into the situation.

Presumably it's a matter of following the steps of submitting the reply (form 10) within 30 days. But that would mean that the deadline to submit is also the same as the first court date. Weird?! Okay now I'm rambling.

Please feel free to ask more questions as necessary.
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Old 10-16-2020, 09:00 PM
rockscan rockscan is offline
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Put together a response and submit. The response is basically proof of his providing everything and what cs amounts should be.

The first appearance is to set the conference date anyway so its not a big deal. His ex is an idiot. Just put together the response and file the paperwork next week. His ex is an idiot but you can point that out in the answer this was provided on dates xyz


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Old 10-26-2020, 11:09 AM
lulubuttons lulubuttons is offline
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Thank you for responding.

We are not worried about anything really. He has all the information, it's just a matter of submitting it.

What I found most frustrating is that I cannot find anything online that explains what happens when you are not served properly. I find all sorts of things about proper service and what that entails but absolutely zero mention of improper service. In this case, he was served with less than 30 days until first appearance (so she did not serve him right away, waited a couple of weeks), he was not served with any of the proper forms either. No blank reply was included and she didn't include the separation agreement that she is referencing.

And I know this will maybe just go into the void....but this is what is so frustrating. The other party can do WHATEVER THEY WANT and there are no repercussions for it. Zero. She can just do whatever she wants, whenever she wants. It's frustrating but alas, we will just provide the info and move on. Sigh.
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Old 10-26-2020, 11:46 AM
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In addition. Make up an official offer to settle on CS. Attach the requested NOA's and go to mychildsupportcalculator.ca and enter the numbers and see what is owed and attach the results to the offer.
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Old 10-26-2020, 09:37 PM
pinkHouses pinkHouses is offline
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When responding to a motion.

What is an "official" offer to settle. Draw up a consent or send a letter?
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Old 10-27-2020, 08:50 AM
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A letter (an emailed PDF is fine) that says “[Applicant’s] Offer to Settle”, lists the two parties names, list the points by number, make it severable, personally sign it (with the date) and of you have a lawyer on retainer, they sign it too. Do not make the offer time limited (or, if you do, have it. Say “this offer is valid until one minute after the trial on this matter commences”. Assume a judge will read it when considering costs. Be reasonable, but be able to live with the result of they accept it.
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Old 11-01-2020, 05:42 PM
lulubuttons lulubuttons is offline
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There is nothing owed. He has always paid full support based on his most recent tax information and updates yearly. He has been doing this since it has been set out in the agreement and has never been late, nor ever missed a payment. He has paid all share of section 7 as well.
We are not really sure why this has come up now.
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