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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 10-23-2013, 03:54 PM
OntarioMomma OntarioMomma is offline
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Default Procedure Question

This may be a stupid question, but I just want to make sure I have the steps clear.
I'm planning on starting a motion for table amount of child support and sole custody.
So, from what I'm reading, I need to complete form 8, form 35.1, and then an affadavit of service once my ex is served the documents, correct?

Am I missing anything?

How can I put in a motion and serve my ex when he won't give me any contact information except for his email address?
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Old 10-23-2013, 03:56 PM
FB_ FB_ is offline
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Quote:
Originally Posted by OntarioMomma View Post
This may be a stupid question, but I just want to make sure I have the steps clear.
I'm planning on starting a motion for table amount of child support and sole custody.
So, from what I'm reading, I need to complete form 8, form 35.1, and then an affadavit of service once my ex is served the documents, correct?

Am I missing anything?

How can I put in a motion and serve my ex when he won't give me any contact information except for his email address?
You may have to hire a Private Investigator to find him.
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  #3  
Old 10-23-2013, 04:00 PM
DowntroddenDad DowntroddenDad is offline
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Quote:
Originally Posted by FB_ View Post
You may have to hire a Private Investigator to find him.
If she knows where he works, he could be served at work.
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  #4  
Old 10-23-2013, 04:08 PM
OntarioMomma OntarioMomma is offline
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Quote:
Originally Posted by FB_ View Post
You may have to hire a Private Investigator to find him.
Seriously?

I know the city he lives in and I know who he works for, but not where he works.
I know where he stays when he's in town and sees our kids. Guess I could just wait until he's in town.

There's a certified mail option with a signature required option if I can get his address, isn't there?
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  #5  
Old 10-23-2013, 04:10 PM
OntarioMomma OntarioMomma is offline
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Are there any forms I'm missing that I need to submit with the initial Application?
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  #6  
Old 10-23-2013, 04:23 PM
dad2bandm dad2bandm is offline
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Quote:
Originally Posted by OntarioMomma View Post
...There's a certified mail option with a signature required option if I can get his address, isn't there?
I assume you mean this:

"(c) mailing a copy to the person, together with an acknowledgment of service in the form of a prepaid return postcard (Form 6), all in an envelope that is addressed to the person and has the senderís return address (but service under this clause is not valid unless the return postcard, signed by the person, is filed in the continuing record); or"

Service would only be valid, if he signed, and he may not. I'm not sure how this wording applies either. Is registered mail sufficient for this, or do you actually have to have the prepaid return postcard?

If you find his address out anyway, then there are probably better ways to serve. A process server company, would do this for you (at cost, of course), but would save you some headache.
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Old 10-23-2013, 04:24 PM
OntarioMomma OntarioMomma is offline
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Quote:
Originally Posted by dad2bandm View Post
I assume you mean this:

"(c) mailing a copy to the person, together with an acknowledgment of service in the form of a prepaid return postcard (Form 6), all in an envelope that is addressed to the person and has the senderís return address (but service under this clause is not valid unless the return postcard, signed by the person, is filed in the continuing record); or"

Service would only be valid, if he signed, and he may not. I'm not sure how this wording applies either. Is registered mail sufficient for this, or do you actually have to have the prepaid return postcard?

If you find his address out anyway, then there are probably better ways to serve. A process server company, would do this for you (at cost, of course), but would save you some headache.
Good to know, thanks.
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  #8  
Old 10-23-2013, 10:00 PM
metro metro is offline
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You would need Financial statement if u are asking the child support and if u have not filed within the past 3 months, and factum as well?
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  #9  
Old 10-24-2013, 08:37 AM
OntarioMomma OntarioMomma is offline
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Quote:
Originally Posted by metro View Post
You would need Financial statement if u are asking the child support and if u have not filed within the past 3 months, and factum as well?
I read the financial statement is only required from me if I'm asking for something other than table amount.
I'm asking for Table and no section 7. Is a financial statement still required from me?

What's a factum?
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  #10  
Old 10-24-2013, 08:56 AM
OrleansLawyer OrleansLawyer is offline
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Quote:
You would need Financial statement if u are asking the child support
You don't need a financial statement if you are asking for Guideline child support which is not offset and are not asking for s.7 expenses. I have heard that some court houses will insist on a financial statement anyways, however.

Quote:
What's a factum?
You prepare it for court before going to a long motion or motion to change. It is not part of your initial steps.
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