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  • 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?

  • #2
    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.

    Comment


    • #3
      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.

      Comment


      • #4
        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?

        Comment


        • #5
          Are there any forms I'm missing that I need to submit with the initial Application?

          Comment


          • #6
            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 sender’s 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.

            Comment


            • #7
              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 sender’s 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.

              Comment


              • #8
                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?

                Comment


                • #9
                  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?

                  Comment


                  • #10
                    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.

                    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.

                    Comment

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