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Can my ex do a motion to vary support when the final order is under appeal?

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  • Can my ex do a motion to vary support when the final order is under appeal?

    Our reasons for judgment came in Oct 2015.

    Tomorrow supposedly is the day he has to pay lots of $ for the transcripts.

    Ex wants to do a motion to vary because 1 child had an argument and moved to his house 10 days ago.

    Coincidence? I doubt it, he manipulates the boys like crazy.

    Can he ask for a motion to vary within 6 months of the final order after trial?

    Would he have any chance of success with a motion to vary when it is under appeal?

    Would the motion judge dismiss it and tell him to pay my costs?

    The only trial issue is support and section 7s. And supposedly he has no issue with section 7s.

    Thank you for any assistance that you can provide.

  • #2
    Coincidence? I doubt it, he manipulates the boys like crazy.
    I've read a case where a mom told a daughter not to say anything about where she wanted live so it wouldn't affect the trial, the daughter was awarded to the mom - the dad then filed a new motion based on this information and the custody was changed.

    Can he ask for a motion to vary within 6 months of the final order after trial?
    HAs there been a significant change in circumstance? If the kid is living with him just make the proper CS changes and if the kid comes back to live with you then do the changes again. Do you want to force the child to come back to you? Unless you think the kid living with his dad is going to be bad for him, (the dad spoils him or doesn't deal with his school work etc...)....

    Would he have any chance of success with a motion to vary when it is under appeal?
    Yes, they are unrelated

    Would the motion judge dismiss it and tell him to pay my costs?
    Maybe if it's frivolous

    The only trial issue is support and section 7s. And supposedly he has no issue with section 7s.

    Thank you for any assistance that you can provide.
    Last edited by Links17; 02-16-2016, 10:28 PM.

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    • #3
      My understanding is that you can't file anything for 6 months. You best bet is to run down to the court house and ask though.

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