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  • Proper procedure question re: MTC

    I will try to keep this short and sweet

    My brother filed a Form 15:Motion To Change just before Christmas. He only checked off box 5 (Child Support). He is attempting to get bio-mom to pay CS based on her income. She’s outright refusing. (Kids are 17 & 18)

    Since his initial filing of the MTC, their daughter has been accepted to Ryerson. My brother has asked that mom confirm she will pay her proportionate share. Daughter is going to pay 1/3 of the costs, my brother 55% and he wants bio-mom to contribute her share of 45%. She doesn’t pay CS so she certainly didn’t agree to pay for Univ. (Their original Separation Agreement states that daughter is to contribute 1/3 and bio parents are to split balance based on their prop. share)

    They have now had a 1<sup>st</sup> Appearance, Case Conference & Settlement Conference with another Settlement Conference scheduled for late August.

    He didn’t check off or list any Section 7 expenses on original MTC because at that point in time, daughter was just starting the process of applying. He didn’t have any costs or details.

    At this point in time, what is the correct procedure (or form) for my brother to fill out to ask the courts for an order that bio-mom pay her share of Univ? I’m wondering if he can now file a motion (along with all the receipts and info re: Univ) and if so, is that a Form 14 or 14B that he should file? And will this get addressed at the Settlement Conference coming up in Aug?

    TIA

    PS - both are self-repped

  • #2
    The problem for your brother is being to pro-active.

    Courts cannot predict the future, thats not there business

    There actual business is to correct a wrong

    The only "change in circumstances" for a MTC is a birthday

    Until there is a bona fide dollar amount with budgets and a adult child actually in post secondary, your brother is "done" like dinner

    Now...what will save your brother possibly is the conferences..there's one in August and both parties are self repped and clueless... Real dollar numbers have to start appearing and recipts, with bank statements to verify the expendures.

    I wouldn't be in a hurry here.....You don't want a judge to ask you brother Why are you here.....and the answer be because I think someday my ex will owe me money

    with what little I know from your post...is all I can offer.

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    • #3
      His initial MTC is/was for CS based on her 2012 NOA ... she is underpaying by approx $400/mo. As per law & their SA, income exchange and adjustment to be done yearly. Took him 4 mos of asking (3 emails & 1 registered letter) to finally get her NOA. Then when he asked her to sign a MTC on Consent to adjust CS to guideline amount she said "no, take me to court". Which is what he's attempting to do.

      The Univ issue is now in the forefront. He DOES have a detailed budget and receipts for tuition deposits & accommodations as well as the grants and scholarships she's rec'd. Plus a schedule of when the next 2 tuition instalments are due.

      My question still remains ... The original MTC was in December ... And while he WANTED to do it all in 1 shot he knew he couldn't because he didn't have hard numbers or even know if she would be accepted ... Now that he DOES know, I'd like to know how to advise him to proceed (ie. via a motion?)

      Comment

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