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  • Motion To Change an Existing Order

    Hello all,

    I really need some direction with respect to filing a motion to change. I tried contacting a Paralegal (less expensive than a Lawyer) and learned that Paralegals are not licensed to go into Family Court in the Province of Ontario.

    I have had several material changes in circumstance since the time of the order (Sept 2011). These can all be easily backed up with 3rd party documentation (Doctor/Bank etc).

    The CS/SS order only got registered with the F.R.O., in JUNE 2012!!! (Not my doing). There has to date been only ONE pymt sent in by my ex to FRO. It was to be direct deposited (had all the paperwork submitted) and FRO decided to MAIL it to me! That was 7 days ago. I still have not rec'd it. New Arrears are now around 4k - and a "letter" has been issued for my ex to submit a VAPS (Voluntary Arrears Pymt Schedule). Despite his ability to pay the proper, full amount, he sent FRO the same amount he'd been previously sending to me (several hundred dollars "short"). Not 3 days later he was off on a one-week vacation at easily one of Canada's most expensive vacation resorts. And yes, I have proof of that as well. Way to Go. I will be sending FRO the vacation itinerary (our son is w/him) so that they will consider insisting on a lump sum pymt of the new arrears.

    I am going to hell in a handbasket (financially). I'd like to get the costs order enforced (by fro). He owes my lawyer 15k which he was ordered to pay within 6 months and he has not. Again, despite his "ability" to pay it. He has no assets in his name (all in his wife's) but he does own/run a moderately successful business - and his name IS on that. I really need help wrt the MTC. Where do I begin? Duty Counsel @my Court House (or Flic) are next to useless. Comments? Suggestions? A lifeline of any kind?

    I need: the Costs order enforced, I'd like section 7 expenses added to the order, a life insurance policy to secure the CS and SS (which is based on 5 years), and to change the terms for which he was given to pay old arrears (almost 30k) @$200/month. Based on his track record of non compliance, and his lifestyle (there is a huge disparity between mine and his) I feel those $200 payments should be increased/accelerated. It gives me and my son a better chance of "recovering" from the financial ruin. Thank-you for any advice. ** Tayken, if you see this, please get in touch - I'm sure you could point me in the right direction (forms/etc). I have the issues narrowed down, and can back all of it up.
    Last edited by hadenough; 07-12-2012, 10:44 AM. Reason: begging

  • #2
    Hadenough - sounds like you have your ducks lined up in a row and just need someone to let you know what form(s) to file. I'm not in the same province and have not had to deal with c/s. I could send you a copy of my ex's failed attempt to have s/s eliminated due to change in circumstances. It might show you what not to do. Private message me if you think this would be of help.

    I'm sure someone on this forum knows what form to file and will let you know. Your ex sounds like a real winner. I supposed he has another family as well? I'd put the boots to him for sure.

    Good luck!

    Comment


    • #3
      no advice, just best wishes for a speedy proper resolution

      ((hugs))

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      • #4
        Thank you CB and Arabian. Lol, I wish we were all neighbours sometimes so we could get together and commiserate (and laugh too) in person! Occasional glass of wine too! Whine and wine I'm going to try for LAO but not holding my breath. So tired of all the damn phonecalls/emails to here, there and everywhere. Thanks for your supportive words

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        • #5
          Hadenough:

          I can't even imagine the situation you're going through...financial stress is some of the worst stress there is.

          I just have this feeling that eventually things are going to catch up with him in a very bad way. It seems like its already starting to happen. You're registered with FRO...you're keeping the pressure on...you're going back to court. Eventually his house of cards is going to crash in on him and, unfortunately for them, his new family.

          Hang in there and please don't give up!

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          • #6
            Thx PH. You're always such a sweetheart. I am a basketcase some days. No, I won't give up but I'm really feeling worn out. It is catching up to him. I am actually sort of glad the idiot short-paid the FRO. I'm sure they weren't impressed at all. I'm sending them his trip itinerary too. His arrears ought to be demanded in a lump sum. I'm so sick of eating crappy food and feeling emotionally drained. It is he that continues this. All he has to do is PAY the proper amount, which clearly he "can" but just refuses to. It is only for the sole purpose of crippling me.

            I do not bemoan ANY of my hardship to him. Not EVER. Him and the wife would kill themselves laughing. Evil, yes but I'm not willing to be further humiliated in that way. But yes, you are so right: it is catching up to him. He will have FRO letters in his mailbox upon his return. I only wish I wasn't so fragile some days. I can/will re group but I know it's all taking it's toll. I'm sure this is considered Financial abuse. It really is all about power and control. Quite sickening. And is there not something REALLY wrong with someone who short pays CS, and then goes on a really f*kn expensive vacation?? (Rhetorical Question)
            Last edited by hadenough; 07-12-2012, 02:52 PM.

            Comment


            • #7
              Hadenough:

              Yes there's something wrong with it. And there's also a limit to how long he can keep doing it with his case registered with FRO. Keep calling them and keep sending whatever information you can get...the pictures, all of his license, bank accounts, etc. Eventually, they're going to catch up with him...it will happen.

              Take care of yourself...and seriously, who cares if they're laughing. I've learned many times in life that karma is a b*tch and he's setting himself up for a very very big fall.

              Lots of hugs!

              Comment


              • #8
                Okay I just looked through one of 6 files I have. Court of Queens Bench of Alberta. My ex filed a "Application to Reduce Spousal Support which is For 27 (Rule 6.3 and 10.52(1). In that there are headings Remedy Claimed or Sought, Grounds for Making This application, Material or Evidence to be relied on, Applicable sections under the Divorce Act of Canada, Applicable Rules, Acts and Regulations, Any Irregularityi Complained of or Objection Relied on, and a final blurb on How the Application is Proposed to be Heard or Considered (he put in Family Law Special - which means Special Sessions). With that first document he attached an Affidavit in Support which was quite lengthy and included a section on Financial Changes in My Circumstances. He also had a section Financial Changes in the Respondent's Circumstances Not taken into Consideration by the Court upon Creating the Spousal Support Order. And finally a section on The Respondent's Ability to Be employed and be self-sufficient. This document was 6 pages alone (37) points. My lawyer commented it was way too long and I recall he was amused when he read it. My ex had a paralegal do up the document. We of course responded with affidavits and counter-claim.

                I don't know if the form numbers are the same there. We have provincial court here and Court of Queens Bench. Probably different forms and I would think you would file your request with the same court you went to trial in but I could be wrong. Maybe someone else on the forum can put their 2 cents worth in here.

                Comment


                • #9
                  He needs his ass handed to him (a PH favorite of mine) and I will take any/all info to see that it happens. I hope the day comes soon when I can update that his reign of bullshit backfired on him. And whoever (others on here) who want to call me bitter - whatever - I don't care. You don't know what someone's been through unless you've walked in their shoes. There is a lot that I don't include on here. It makes me sad/angry for others too who are put through hell by their ex's. We are NOT together! WTF? I just want to live my life. I want my son to see a happy mom, not a worried, stressed out one. My son is incredible. Such a good kid. He deserves more. WE deserve more.

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                  • #10
                    Thanks Arabian. I wouldn't mind having a peek at the info you mentioned It all seems so daunting but it's not like it's Rocket Science!! The forms, the procedure - it all freaks me out. I've got an abudance of facts though. "Cogent, Relevant EVIDENCE"

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                    • #11
                      Motion

                      I sure know what ur saying about "being stressed" trying to put a motion or vary a motion together.The wine sounds like a good idea.Anyhow,
                      How much/what can be in a motion to vary???If it's too much or not related MAYBE u get a chance to "sever" it and pursue it as a notice of motion?????
                      To change an existing order is one thing and asking for something else is another....
                      Sound about right??????

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                      • #12
                        "Motion" is the operative word. It all gives me motion sickness. I want/need to change the order. It's either a MTC or MTV.

                        I should not have to commence a whole new Court Application. As we all know, nothing is ever really "final" in Family Law/Court. The order we currently have is not adequate. Wah, wah, wah.

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                        • #13
                          It is my understanding that an order to pay 'costs' really isn't very enforceable.

                          Not to be confused with CS, however.

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                          • #14
                            Aren't costs awarded through maintenance enforcement???? This is news to me. My lawyer comes back from vacation tomorrow and I will definitely be emailing him about this. We are preparing for a rather large costs litigation. I thought costs were just added onto arrears and treated pretty much the same.

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                            • #15
                              FRO – What we do | Ministry of Community and Social Services

                              I suspect an order for costs falls under "other entitlement issues"

                              Comment

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