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  • Motion Hearing, what to do to prepare and expect

    Hi, I have an upcoming Motion hearing, already had case conferences and tried Mediation, not working. We were told if mediation didn't work, then there would be a motion hearing, what do I need to do to prepare and submit to the court. Can I do another General Affidavit and a newer financial statement.

    Nervous about this and I want to be prepared as much as possible

  • #2
    What is the motion hearing for?? I was just involved in one in June regarding relocation/custody/access/transportation/child support..

    Comment


    • #3
      I'm trying to retro-active change the child support to when I was no longer receiving income to an amount based on my new wage and also have any special expense arrears forgiven

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      • #4
        I would make sure you do an affidavit explaining your entire situation.. what happened to make your income lower.. how long it was low for.. when you started your new wages.. what they are.. how long you have had them for. Make it more like jot notes which will make it easier for the judge to read. And for sure do a new finacial statement. Probably wouldn't hurt to.. if you can.. get a letter from your employer with your start date.. how long you have been working and your wage.

        Comment


        • #5
          thanks, had all that for the case conferences, but they wanted us to try mediation, (not working, she wants what she wants), said if mediation didn't work the motion hearing end of september.
          I will start a new affidavit, sumarizing everything to date and from the other 2 affidavits (including job search), is this due 2 days before motion or 7, also do I need to do a notice of motion and all that fun stuff?

          Comment


          • #6
            I'm not too sure if you have to file a Notice of Motion.. And I think you have till 2 days before the date to submit it.
            I know how you feel about "she wants what she wants" been there done that... all you can do is the hope the Judge sees it different than her.
            We also tried Mediation.. just a waste of everyones time and money in my opinion!

            Comment


            • #7
              Wow

              Dear Frustrated 11

              Sounds like you are shirking your responsibilities to your child. As a single mother who receives a meager a mount of support from my spouse... who I supported for almost 13 years, you would be supporting them if they lived at home with you.
              YOu would be paying for those expenses if they lived with you, so why do you want to get out of it now?

              A lot of Dad's on this forum get angry when they have to pay child support. Why? You are 50 percent equally responsible for these children unless it was an immaculate conception.

              Buck up and pay your support and then you can hold your face up in public and say Yes I support my children and NO I do not complain as they are my children.
              When it comes to child support you do not want to pay your 50 percent you expect the other spouse to though and to pay ALL of the Extra expense. Wow some of you are greedy, selfish and downright deadbeat dads.

              If you love your children then do not complain, My buddy pays support and his wife works and she pays her fair share, He says that if she has a short month why if his daughter wants something and mom does not have the money he pays it. He says " she is my daughter too and since I am her father I will be a responsible father and pay my share, just like she was with me all the time"
              Too bad more of you do not adopt that Father's attitude about supporting his child/children. He really cares about his daughter. Do you really care about your children or do you just see it as a way to lose money each month.

              Examine yourself. If the shoe was on the other foot, I would pay and give up what ever I needed to for my child or children. If you love then do it for them instead of complaining selfishly.

              I have been on both sides of the fence. So I can see clearly and yes I believe Child Support needs to be raised to be more in line with the Economy of today.

              Sorry I can not empathize with you.

              Comment


              • #8
                Originally posted by Deut7 View Post
                A lot of Dad's on this forum get angry when they have to pay child support.
                You joined this board in January 2009, made two posts in March 2009, five in June 2009 and one today for a total of eight posts. Aside from those three periods where you made contributions to this forum, were you spending the rest of your membership time here taking a thorough look through the many many thousands of posts on this board before coming to that conclusion?

                Originally posted by Deut7 View Post
                Wow some of you are greedy, selfish and downright deadbeat dads.
                My ex is behind on CS too, refuses to abide by the agrement she made and is forcing me back to court to enforce CS. You don't hear me calling her a deadbeat. To me as a father, that's like me calling you a bitch, or worse. Heaven forbid I say something like that lest I be called to task for my bullying, controlling and abusive behaviour.

                As long as we're making reckless, unfounded, baseless, stereotypical and inflammatory statements that do nothing to advance reasoned thought here, I might as well jump in and say in the most cavalier water cooler talk type way that on a per capita basis moms are far worse deadbeats than dads.
                Last edited by dadtotheend; 11-24-2010, 11:27 PM.

                Comment


                • #9
                  You Sound Angry

                  Dad to the End,

                  I expect that although you have managed to come up with not important stats that you are a very angry man.

                  Is it not common sense to state and fair as well to state that if you father a child you are 50 percent responsible for that child?

                  Whether you leave the marriage or the lady leaves the marriage does that negate your responsibility for the child?

                  I believe in the most common sense approach to things. First of all I do not use swear words as that shows that tells me that you have a respect issue with me or with others when that kind of language is used, it is also used normally in a demeaning sense which indicates to me that you have a self-esteem problem otherwise you would have chosen better language.

                  If you are a Dadto the End as you claim with your screen name, then be that. Pay your child support if you are in that situation. Do not use excuses to not be with your child. Do things with your child and do not find ways or means to not do them. Remember this is about the child not the mother or the father.
                  Child support is just that. Support for the child. NOT for anyone else. Whether the child that month needs clothes, or school supplies or a birthday has come up or that child is in need of snacks for school, or whatever that child NEEDS that is what the Child Support Goes for.

                  Now I get child support. NO it is not enough to support my child. My child has some special needs and his father is chosing not to do anything about that. What does that make him? A good dad in your eyes? I wonder about your motives dad to the end.

                  It seems to me from your anger talk that you do not wish to support your child at all. That tells me that your 50 percent responsibility is not being supported properly. An assumption on my part only. If you are a REAL CARING FATHER do YOUR JOB, TAKE CARE OF YOUR CHILD and get Counselling for your anger as it is not going to help your child.

                  My entire beef is that many of the dads on this site are trying to find ways to get out child support. Funny though, when the kids are living with Dad he is willing to contribute to their up bringing. Strange how that ends when a separate happens. Dad does not wish to support his children any more. Why is that? The child still has the same needs. The child does not die because of a separation. I repeat the Child Still Has the SAME needs.

                  Watercooler talk...I do not use profanity as I feel that I have enough self-esteem to be more grown up than that. I will not swear to suit you, nor will I jump outside of the truth to satisfy your apparent needs. But really dad to the end, get some counselling to help your anger. That is a dangerous thing to have around children.

                  Comment


                  • #10
                    Well there's another fine contribution to the blanket statement stereotyping archives. Bravo.

                    Child support isn't supposed to support the child, it's a CONTRIBUTION to supporting the child. You are equally responsible for contributing to support the child as well. YOU had the child, not just him, the child is 50% yours as well!

                    Interesting how the men who leave their marriages are 'deadbeat dads trying to get out of paying child support' and the women who leave the marriages are 'ladies'.

                    The OP is well within his rights to apply to have the amount changed. If his income went down - whether in the marriage or not - he would have less to contribute to supporting his child. The only difference in this situation is they are no longer married, therefore he needs a piece of paper saying his payments were reduced because his income went down and the amount should be adjusted to reflect his current income.

                    Deut7 - you come across as a bitter, biased vindictive person - whether you realize it or not, the term 'deadbeat' is not gender specific and does not fit the OP based on his situation.

                    Comment


                    • #11
                      LOL I expected this kind of a response

                      Hey I guess you being the male did not get the part that stated he is 50% responsible so that MUST make me 50% responsible.
                      I do not have any problem with my responsibilities, but it seems as though you are another one to complain about what you are responsible for.

                      I take care of my son alone, I do all of the work the house work the school stuff you know the day to day stuff. I like doing this with my son as I am proud of my son to the end.
                      I stand up and defend my son when he is right and consequence him when he is wrong. I also try to teach him a lesson when he does wrong so that he understands what he did that was wrong and does not do it again. So far I have been pretty successful.

                      You on the other hand feel the necessity to defend your buddy Dad to the end as he showed the his self-esteem was well in the water cooler so certainly not from a man who is a Sr member of this site.
                      I make observations based strictly on comments made by the person who came to the table with the issues, and then the person who replied.

                      Without you both I would have nothing to comment on.

                      The law states that both parents are EQUALLY responsible. I do not shirk my responsibility but it seems that if I did then I should be called a DEADBEAT MOM. Their are certainly some out their. However....you have stated that I am bitter. Quite to the contrary, I am quite happy that my abusive spouse left. He can have his life. I am doing much better without his nonsense and irresponsibility and abuse to my son as well. The only anger that I have was that he was abusive to my 6 year old at the time. Men often times need to grow up as they get abusive and use profanity when they are having self esteem issues. I told the guy to get some counseling. I did it as soon as my spouse was gone. I have learned much from it and have spent a great deal of time learning the law.

                      The only regret I have is not adding to this forum more often. But I have more pride in myself than to stoop to your lows.
                      So as Blink and I'm Gone and Dad to the End think that they are showing a joint level of maturity wow...I hope this forum makes some changes to allow for openes and does not allow them to crush everything they do not like.

                      By the way...I am University educated in Law as well, no I do not practice as I am retired from work now. I do take offense when Dad to the end calls me a itch with a B as he apparently knows that profanity is a true sign of ABUSE.Both of you should get Counseling. You talk about me and think I am bitter...You really need to look at most of your postings they certainly show your bitterness and anger with the poster, with Women in general, and with the legal system. If you make a mistake..don't make someone else pay but having to listen to your dirty mouth. Grow Up


                      I expected better than this but now I know for sure you two need some help

                      Comment


                      • #12
                        You're sticking your foot in your mouth more and more, minute by minute. Blink is a woman.

                        Originally posted by Deut7 View Post
                        If you are a Dadto the End as you claim with your screen name, then be that. Pay your child support if you are in that situation. Do not use excuses to not be with your child. Do things with your child and do not find ways or means to not do them. Remember this is about the child not the mother or the father.
                        Did you not read that I am a support recipient facing the same problem you describe i.e. that I am not receving CS and that she is in arrears? I have sole custody of my kids and they live with me. I do things with them - lots and lots of things

                        Here it is, in case you missed it last time:

                        Originally posted by dadtotheend View Post
                        My ex is behind on CS too, refuses to abide by the agrement she made and is forcing me back to court to enforce CS.
                        Originally posted by Deut7 View Post
                        My entire beef is that many of the dads on this site are trying to find ways to get out child support.
                        You are educated in law. Please cite your facts. How many dads on this site can you name "that are trying to get out of child support"? How many names can you give us?
                        Last edited by dadtotheend; 11-25-2010, 10:38 PM.

                        Comment


                        • #13
                          Isn't that bitter sweet. Thanks for sharing. To each their own I suppose. However, at the end of the day, general consensus of opinion will prevail and we look forward to your days of lows

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                          • #14
                            Originally posted by Deut7 View Post
                            Hey I guess you being the male did not get the part that stated he is 50% responsible so that MUST make me 50% responsible.
                            I do not have any problem with my responsibilities, but it seems as though you are another one to complain about what you are responsible for.
                            Yes, I disagree with you and your biased opinions therefore I must be a male complaining about my responsibilities. FYI - I'm female, single mom with sole custody. Find another reason to justify your snotty biased opinions.

                            I take care of my son alone, I do all of the work the house work the school stuff you know the day to day stuff. I like doing this with my son as I am proud of my son to the end.

                            I stand up and defend my son when he is right and consequence him when he is wrong. I also try to teach him a lesson when he does wrong so that he understands what he did that was wrong and does not do it again. So far I have been pretty successful.
                            So...you want scooby snacks for doing what you're supposed to do? Good job! Consider yourself validated.


                            You on the other hand feel the necessity to defend your buddy Dad to the end as he showed the his self-esteem was well in the water cooler so certainly not from a man who is a Sr member of this site.
                            I make observations based strictly on comments made by the person who came to the table with the issues, and then the person who replied.
                            I'm not defending DTTE. I'm objecting to your gender biased nonsense.


                            Without you both I would have nothing to comment on.
                            You certainly had lots to say to the OP.

                            The law states that both parents are EQUALLY responsible. I do not shirk my responsibility but it seems that if I did then I should be called a DEADBEAT MOM. Their are certainly some out their. However....you have stated that I am bitter. Quite to the contrary, I am quite happy that my abusive spouse left. He can have his life. I am doing much better without his nonsense and irresponsibility and abuse to my son as well. The only anger that I have was that he was abusive to my 6 year old at the time. Men often times need to grow up as they get abusive and use profanity when they are having self esteem issues. I told the guy to get some counseling. I did it as soon as my spouse was gone. I have learned much from it and have spent a great deal of time learning the law.
                            You left out biased, I called you biased. Which you have shown - again - that you are with your 'men often times need to grow up blah blah blah'.

                            The only regret I have is not adding to this forum more often. But I have more pride in myself than to stoop to your lows.
                            So as Blink and I'm Gone and Dad to the End think that they are showing a joint level of maturity wow...I hope this forum makes some changes to allow for openes and does not allow them to crush everything they do not like.
                            I hope you take the time to actually read the forums and try to put your gender biased and self projecting on the shelf to gain some perspective.


                            By the way...I am University educated in Law as well, no I do not practice as I am retired from work now. I do take offense when Dad to the end calls me a itch with a B as he apparently knows that profanity is a true sign of ABUSE.Both of you should get Counseling. You talk about me and think I am bitter...You really need to look at most of your postings they certainly show your bitterness and anger with the poster, with Women in general, and with the legal system. If you make a mistake..don't make someone else pay but having to listen to your dirty mouth. Grow Up
                            As a 'man', I'll try to reconsider my feelings towards women in general. FYI - some of us base our opinions of stupidity based on the stupidity itself, not the gender of the person spouting it.

                            Oh...and congrats on your university degree that you aren't using!!
                            Last edited by blinkandimgone; 11-25-2010, 10:55 PM. Reason: the voices told me to....

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                            • #15
                              Originally posted by blinkandimgone View Post
                              So...you want scooby snacks...
                              ...Foot long fruit roll up please

                              Comment

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