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  • I'm Confused.

    I filed for a motion to change an order for child support. My ex filed a response wherein he stated he could not afford an increase,filed an out of this world financial statement wherein he states he quit his job and could no longer afford child support . He did not have any other issues. I filed for a case conference, received a date, served him notice of the date. I served him a case conference brief dealing with the only issues in this case of child support. I received his conference brief yesterday. He does not touch upon anything to do with child support. He deals with requests for more access which has already been addressed twice in court and settled.
    Again I have a question!! Can he just throw all this stuff in his brief despite never having addressed it before in his original response? Wouldn't he have had to include his issues in his response to my motion to change? Having not done that then, would he not have to file an amended motion to his response. I am baffled. Can anyone tell me if this is proper procedure? Thank you!!

  • #2
    If he didn't raise access issues in his Response to Motion to Change (15B) then technically they are not properly before the court. However, he will likely be granted permission to amend his pleadings, which will then make access issues part of the motion to change.

    His failure to bring up financial issues in the case conference brief will not bode well for his argument that he cannot pay child support. Regardless, I suggest you be prepared to respond to his access issues.

    Comment


    • #3
      That is similar to what we are dealt with. A motion to deal with 3 years of under reported income was answered with a request to change the terms of access.

      Our legal counsel sent an offer which covered both issues and also suggested that the 2 were severable and he could accept either or both parts of our offer. He chose to ignore the whole offer. 3 months later he sends a ridiculous offer which made no sense at all given the past 3 years of history and he ignored the child support issue altogether. It's as if he never saw our offer. I think that must be a tactic used by some lawyers. "Smoke and mirrors" used to cloud the real issues.

      He had already lost a motion on section seven expenses and was told by the judge that CS should also be addressed but he has chosen to ignore this directive. He has not paid the last court costs not the arrears of the section 7 of the last motion. He too "cries poor" but still manages to engage a $450 hour lawyer.

      So we are now off to a settlement conference. It's such a waste of money. rememver you can claim against your income any legal fees incurred for the purpose of securing Child Support. So at least you can get back a little (30%)

      So high conflict.

      Comment


      • #4
        Some added inf0.

        Thanks for the replies. I appreciate all the help. I forgot to add that when I was served his case conference brief, there was no financial statement (form13) as required because this is a case involving child support. So, how can he file his conference brief with the court, as Rule 13, Section 10 of the Family Law rules states the clerk cannot accept the filing without financial disclosure? Also, Rule 11, Section 3 stipulates that his original answer to my motion may be amended with permission of the court on" filing motion" to do so. I realize Family court always wants parties to agree to solutions, but can it be that lax to not conform to its own rules of procedure. Hopefully this resolves itself soon. Any thoughts?

        Comment


        • #5
          One thing I have leaned is Family Law always seems to " bend the rules".

          We did need to do a financial statement and my daughter was the recipient of CS. We did a very true and accurate one and his was " off the wall" . No one seemed to even look at them. It was really all about the NOA. And then at the last minute of negotiations to get the deal signed we agreed to a 55/45 split of section 7 even though his income and her income works out to 60/40 split. But the money it would have costs to argue this was not worth the 5%. So you need to know your numbers.

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          • #6
            Has he included a notice of assessment? Does he say anything about looking for work or applying for work? Is he on EI?

            Focus on that aspect. Be prepared for all the other stuff but also focus on his employment ability and being purposefully underemployed. Look up cases on purposely under employed and imputing income. He cant just quit his job to not pay child support. He has to pay for his lifestyle somehow.

            Comment


            • #7
              Follow-Up

              Thanks for the input!! I am temporarily putting my faith in the court that they will not accept his filing of his conference brief without his financial statement and that he fails to show. He has not provided any proof of income. As to his slight of hand trying to turn this into an access issue, I am prepared should it be allowed to be addressed. Never thought this could go on for so long!!! Thanks all!!

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              • #8
                I would still be prepared for the financial stuff. Be prepared to question all of that. The conference judge may let him get away with all his games so you need to be ready to address the financial inconsistencies.

                Comment


                • #9
                  Rockscan: Thanks for the advice. I am really confident that I am prepared for whatever he comes up with. When there is an outcome to all this unnecessary back and forth court nonsense, I will post the outcome. Have a great day!!

                  Comment


                  • #10
                    Good luck! I am cautious because there have been a few ppl on here who went thinking their case was a slam dunk and then it ended up being crazy because the judge was swayed by the crazy talk!

                    Comment

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