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

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 01-01-2014, 03:40 PM
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Default Temporary SS and CS

so I'm guessing if the STBX has been awarded TEMPORARY SS and CS (currently arguing the CS part seeing as the step daughter is 18 and out of school), I'm more than likely going to get hit with a definite SS obligation if I win the no CS part, correct??
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Old 01-01-2014, 04:27 PM
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To help in understand what you are on about

http://www.ottawadivorce.com/forum/f...m-ss-cs-16426/
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Old 01-01-2014, 05:01 PM
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Quote:
Originally Posted by FWB View Post
To help in understand what you are on about

http://www.ottawadivorce.com/forum/f...m-ss-cs-16426/

I'm sorry FWB...what was that??...you posted a previous post from me back from October.

my question NOW is if the judge has awarded TEMPORARY CS and SS (The CS is going to end in March if the step child isn't in school), there's more than likely going to be SS awarded, correct??

if I go infront of a COMPLETELY different judge that awarded the temporary motion, can this new judge say other wise and completely change things around and find there's little obligation for SS??
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Old 01-01-2014, 07:23 PM
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No offense, but there is not nearly enough information available to give you a meaningful response.

We are a bunch of amateurs that have some limited experience going through court ourselves. We cannot be expected to tell you what a judge will decide based on two lines of information.

According to your earlier posts, you had an EMERGENCY motion against you requiring both spousal support and child support for an adult child whom is out of school. This makes no sense on the surface.

What are we supposed to say?
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Old 01-01-2014, 09:08 PM
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Quote:
Originally Posted by Mess View Post
No offense, but there is not nearly enough information available to give you a meaningful response.

We are a bunch of amateurs that have some limited experience going through court ourselves. We cannot be expected to tell you what a judge will decide based on two lines of information.

According to your earlier posts, you had an EMERGENCY motion against you requiring both spousal support and child support for an adult child whom is out of school. This makes no sense on the surface.

What are we supposed to say?
I was just curious mess...was hoping someone had gone through the same kinda thing...maybe give me more of an idea of what I could expect
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Old 01-01-2014, 09:45 PM
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Generally emergency/interim motions are considered "without prejudice" that means they are 100% temporary and a proper trial with evidence etc... is not officially bound by the first judgement and in fact the real judgement can retroactively apply in some cases. (This is based on quebec law but might be similar to ontario)
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Old 01-02-2014, 02:02 AM
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I generally agree with what links said, it would apply in Ontario too.

An emergency motion is rare. There is no way to say if such a decision would be valid even for a regular motion, much less for a trial.

If you want an opinion about what a decision might be, you have to say what are the arguments for and against, and what supporting facts are available.
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Old 01-02-2014, 08:51 AM
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Quote:
Originally Posted by Mess View Post
I generally agree with what links said, it would apply in Ontario too.

An emergency motion is rare. There is no way to say if such a decision would be valid even for a regular motion, much less for a trial.

If you want an opinion about what a decision might be, you have to say what are the arguments for and against, and what supporting facts are available.

Thanks Mess and Links..you're probably right Mess, I'm being "vague" with my posts for a few reasons obviously...don't really want to give out too much info...seeing as I'm still in court and fighting the CS for the adult child.

I'm a little relieved to hear that the laws are similiar in some respects between the 2 provinces.

It's surprising to hear that this emergency motion is "without prejudice"

as is common (I'm guessing) during our next appearance (settlement) I'm supposing it'll be a completely different judge.

and by the sounds of it, he'll have no idea about the emergency motion, am I correct Mess/Links??

he'll obviously know I'm paying CS and SS on in interim basis right now...
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Old 01-02-2014, 09:30 AM
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Often people refer to an "interim" motion as an "emergency" motion. What is the specific wording on your order? If you don't want to put it on the forum then just PM Mess or Links so they know specifically what you are referring to.

I believe all orders would be on file and part of your continuing record at the court house.
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Old 01-02-2014, 09:44 AM
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Quote:
Originally Posted by arabian View Post
Often people refer to an "interim" motion as an "emergency" motion. What is the specific wording on your order? If you don't want to put it on the forum then just PM Mess or Links so they know specifically what you are referring to.

I believe all orders would be on file and part of your continuing record at the court house.
the STBX's lawyer referred to it as an EMERGENCY interim motion in her filings to my lawyer.

The courts order refers to it as interim...I'll refer to it as interim from now on

you're right...if I need more specific answers, I'll PM directly...
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