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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 08-10-2014, 04:36 PM
Sadmommy Sadmommy is offline
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Default Motion to change

Hi

My ex just served me with a motion to change our entire court order. He never participated before, in arrears over 20 thousand dollars, FRO taking his license, on EI and wants to pretend our court order never existed. He can afford a lawyer prob through legal aid and I can't afford one. Any advice please. I have already started my response to the motion which is I don't think so!
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Old 08-10-2014, 04:51 PM
stripes stripes is offline
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Can you be specific about what kind of advice you are looking for? When you say "I don't think so!", what elements of his motion are you referring to? Nobody can help you unless you ask clearly defined questions.

(And bear in mind that no one on this site is practicing as a lawyer, so this is not a substitute for actual legal advice).
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Old 08-10-2014, 04:57 PM
Sadmommy Sadmommy is offline
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Basically he would like the the arrears he owes to be $0.00
For me to receive no spousal support, which is not a big deal to me as it is set at $1.00
for ad decrease in his child support
for no obligation to maintain me or the children on any life insurance or extended health benefits

I am inquiring on what is likely the next step in this matter. I plan to respond that I do not support this motion of course. I expect that his CS will go down which is fine with me for now but I want to ensure that my entire final order doesn't get ripped up due to him not being employed at this time.
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Old 08-10-2014, 06:05 PM
The Iceberg The Iceberg is offline
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The Judge will make a temporarily decision and the wheel will start rolling. He cannot avoid CS unless he is on welfare It is unlikely that he will erase the money he owes. Have you considered talking to him? Mediation? If he allowed his DL to be taken away perhaps he is in a tough situation? Just because you may be able to win in court doesnt mean its better than settling for less, but peacefully. But we dont know your whole story.
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Old 08-10-2014, 06:29 PM
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Janibel Janibel is offline
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Quote:
Originally Posted by Sadmommy View Post
Basically he would like the the arrears he owes to be $0.00
For me to receive no spousal support, which is not a big deal to me as it is set at $1.00
for ad decrease in his child support
for no obligation to maintain me or the children on any life insurance or extended health benefits

I am inquiring on what is likely the next step in this matter. I plan to respond that I do not support this motion of course. I expect that his CS will go down which is fine with me for now but I want to ensure that my entire final order doesn't get ripped up due to him not being employed at this time.

I would hold on to the $1.00/month spousal support if I were you. This may not seem important now but you want to keep the option of reviewing this amount in the future.

It may prove difficult to obtain it once it has been abolished. The $1.00 a month is a 'token' amount stating your entitlement once CS is no longer needed.

As to what your next step is, the above posters are correct. EX cannot simply stop paying his CS unless he has ZERO income. His unemployment can be garnished up to 50% with the rest added to his arrears.

Last edited by Janibel; 08-10-2014 at 06:31 PM.
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Old 08-10-2014, 06:32 PM
Sadmommy Sadmommy is offline
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We have a no contact order in place. I am willing to settle on the CS but the other things on the order I am not willing to settle on. At least at this moment. Can the CS order be changed even when he did not disclose his financial position
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Old 08-10-2014, 06:35 PM
Sadmommy Sadmommy is offline
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Thank regarding the spousal support information. Our order is with FRO and he is being garnished. I would like to mention that is common law partner is illegally collecting welfare. I know this for a fact but I don't know how to bring this into court
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Old 08-10-2014, 06:38 PM
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Quote:
Originally Posted by Sadmommy View Post
We have a no contact order in place. I am willing to settle on the CS but the other things on the order I am not willing to settle on. At least at this moment. Can the CS order be changed even when he did not disclose his financial position

I also have a restraining order with my Ex - so all negotiations are through our lawyers. My EX as attempted several motions to abolished the status quo - all were refused by judge.

No FRO cannot change an existing order without a judge agreeing to that change. For a judge to agree, your EX has to show proof (financial disclosure) and a clear case of undue hardship, this is not the case as being unemployed is temporary.
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Old 08-10-2014, 06:41 PM
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Quote:
Originally Posted by Sadmommy View Post
Thank regarding the spousal support information. Our order is with FRO and he is being garnished. I would like to mention that is common law partner is illegally collecting welfare. I know this for a fact but I don't know how to bring this into court

The onus is on the Ex to prove his point, not for you as your CS needs have not changed. His welfare g/f is adding to his household's financials. You could bring that up at the hearing and the judge will supeona their real numbers.

Your ex has an up-hill battle to prove his credibility in court.
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Old 08-10-2014, 06:43 PM
Sadmommy Sadmommy is offline
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Thank you so much, I have been watching this forum for some time. It has been a life saver. So I am going into court on my own and it feels so overwhelming. I was planning to send an email to his lawyer to request financial disclosure of my ex and his common law partner. Is this a good idea or should I use the Request inform form. I want a long list of stuff from him, if he is claiming undue hardship, its really up to him to prove why
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