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  • Temporary SS and CS

    so I'm guessing if the STBX has been awarded TEMPORARY SS and CS (currently arguing the CS part seeing as the step daughter is 18 and out of school), I'm more than likely going to get hit with a definite SS obligation if I win the no CS part, correct??

  • #2
    To help in understand what you are on about

    http://www.ottawadivorce.com/forum/f...m-ss-cs-16426/

    Comment


    • #3
      Originally posted by FWB View Post
      To help in understand what you are on about

      http://www.ottawadivorce.com/forum/f...m-ss-cs-16426/

      I'm sorry FWB...what was that??...you posted a previous post from me back from October.

      my question NOW is if the judge has awarded TEMPORARY CS and SS (The CS is going to end in March if the step child isn't in school), there's more than likely going to be SS awarded, correct??

      if I go infront of a COMPLETELY different judge that awarded the temporary motion, can this new judge say other wise and completely change things around and find there's little obligation for SS??

      Comment


      • #4
        No offense, but there is not nearly enough information available to give you a meaningful response.

        We are a bunch of amateurs that have some limited experience going through court ourselves. We cannot be expected to tell you what a judge will decide based on two lines of information.

        According to your earlier posts, you had an EMERGENCY motion against you requiring both spousal support and child support for an adult child whom is out of school. This makes no sense on the surface.

        What are we supposed to say?

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        • #5
          Originally posted by Mess View Post
          No offense, but there is not nearly enough information available to give you a meaningful response.

          We are a bunch of amateurs that have some limited experience going through court ourselves. We cannot be expected to tell you what a judge will decide based on two lines of information.

          According to your earlier posts, you had an EMERGENCY motion against you requiring both spousal support and child support for an adult child whom is out of school. This makes no sense on the surface.

          What are we supposed to say?
          I was just curious mess...was hoping someone had gone through the same kinda thing...maybe give me more of an idea of what I could expect

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          • #6
            Generally emergency/interim motions are considered "without prejudice" that means they are 100% temporary and a proper trial with evidence etc... is not officially bound by the first judgement and in fact the real judgement can retroactively apply in some cases. (This is based on quebec law but might be similar to ontario)

            Comment


            • #7
              I generally agree with what links said, it would apply in Ontario too.

              An emergency motion is rare. There is no way to say if such a decision would be valid even for a regular motion, much less for a trial.

              If you want an opinion about what a decision might be, you have to say what are the arguments for and against, and what supporting facts are available.

              Comment


              • #8
                Originally posted by Mess View Post
                I generally agree with what links said, it would apply in Ontario too.

                An emergency motion is rare. There is no way to say if such a decision would be valid even for a regular motion, much less for a trial.

                If you want an opinion about what a decision might be, you have to say what are the arguments for and against, and what supporting facts are available.

                Thanks Mess and Links..you're probably right Mess, I'm being "vague" with my posts for a few reasons obviously...don't really want to give out too much info...seeing as I'm still in court and fighting the CS for the adult child.

                I'm a little relieved to hear that the laws are similiar in some respects between the 2 provinces.

                It's surprising to hear that this emergency motion is "without prejudice"

                as is common (I'm guessing) during our next appearance (settlement) I'm supposing it'll be a completely different judge.

                and by the sounds of it, he'll have no idea about the emergency motion, am I correct Mess/Links??

                he'll obviously know I'm paying CS and SS on in interim basis right now...

                Comment


                • #9
                  Often people refer to an "interim" motion as an "emergency" motion. What is the specific wording on your order? If you don't want to put it on the forum then just PM Mess or Links so they know specifically what you are referring to.

                  I believe all orders would be on file and part of your continuing record at the court house.

                  Comment


                  • #10
                    Originally posted by arabian View Post
                    Often people refer to an "interim" motion as an "emergency" motion. What is the specific wording on your order? If you don't want to put it on the forum then just PM Mess or Links so they know specifically what you are referring to.

                    I believe all orders would be on file and part of your continuing record at the court house.
                    the STBX's lawyer referred to it as an EMERGENCY interim motion in her filings to my lawyer.

                    The courts order refers to it as interim...I'll refer to it as interim from now on

                    you're right...if I need more specific answers, I'll PM directly...

                    Comment


                    • #11
                      I suspected as much.

                      Wording used by opposing counsel are all part of their strategy. Keep an eye to this.

                      A judge could indeed extend the interim support, however, it gets calculated and credited if/when ongoing support is awarded or dismissed.

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                      • #12
                        Being awarded an interim order is not necessarily an explicit nod to entitlement to SS in the final order, but it is close. Unless circumstances have changed between the interim order and the final order it is quite likely to continue in the same or similar amounts.

                        Regarding the adult child, that is indeed an interim thing that was decided for the short term before there was sufficient time or evidence to give a final ruling on it. As was stated, if on the evidence, the interim ruling was incorrect, it is theoretically possible to get it reversed and the amounts repaid. However I would imagine this is very rare and cash would almost never exchange hands. It could be used as a credit towards reducing arrears, covering costs orders or changing the equalization amount though.

                        Comment


                        • #13
                          Originally posted by arabian View Post
                          I suspected as much.

                          Wording used by opposing counsel are all part of their strategy. Keep an eye to this.

                          A judge could indeed extend the interim support, however, it gets calculated and credited if/when ongoing support is awarded or dismissed.

                          Thanks arabian...I imagine it'll cointinue (SS) the question is how much and for how long...(depending on the judge's decision)...

                          right now there's arrears because the IS was back dated to August..the IS was awarded in Oct

                          Comment


                          • #14
                            Originally posted by FightingForFamily View Post
                            Being awarded an interim order is not necessarily an explicit nod to entitlement to SS in the final order, but it is close. Unless circumstances have changed between the interim order and the final order it is quite likely to continue in the same or similar amounts.

                            Regarding the adult child, that is indeed an interim thing that was decided for the short term before there was sufficient time or evidence to give a final ruling on it. As was stated, if on the evidence, the interim ruling was incorrect, it is theoretically possible to get it reversed and the amounts repaid. However I would imagine this is very rare and cash would almost never exchange hands. It could be used as a credit towards reducing arrears, covering costs orders or changing the equalization amount though.
                            great...thanks for the info FF...both you and Arabian have given me some good info...

                            Comment


                            • #15
                              An emergency motion is one that is heard without any notice. The courts have time period every day to hear emergencies. You walk in, take a number, and wait to be called up.

                              The emergencies have to be emergencies: for example if you are about to be thrown out of your apartment because you can't pay the rent, and the other party hasn't paid any support. If it is something that could wait a few weeks, you are expected to seek a normal motion date, or be able to show that there were none available. Tayken posted a detailed explanation here: http://www.ottawadivorce.com/forum/f...e-court-13291/

                              Emergency motions don't allow for any cross examination of evidence, and often the other party may not even get to appear unless they have some warning. Orders coming out of emergency hearings should never be considered final.

                              Motion orders themselves are "without prejudice" in the sense that the fact that a judge made an interim order isn't proof of anything. You still should have a trial date, and evidence at trial would be facts of the case, not the "fact" that a judge made an interim order. You might quote a motion judge's reasoning, but this isn't a fact of your case, it is just case law.

                              Comment

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