Back at our CC in Feb 2011, judge issued a Temporary Order instructing me (Applicant) to file a "Motion" (briefly describing what I was asking for) & a "Affidavit" with my "backup" to support my motion (ie. daycare receipts, hockey receipt, ortho quote, etc..) which I've done.
It then instructed ex to "Answer" and me to file my "Response" to ex's answer. Court date set for 3rd week in May.
My case is (IMO) stupidly straightforward. We have a almost 9 yr old Sep Agreement/Divorce and I want CS adjusted to ex's current income (based on his 2010 NOA) ... he's been PAYING based on this so I don't see what the issue is as it states in the orginal agreement that each year CS goes up/down. The other thing in the original Sep. Agreement is the usual (uninsured medical/dental, extra curricular, post secondary, school fees/activities in excess of $100 & childcare/daycare if CS is working or going to school).
When the Orthodontist last year (who the kids have been seeing since 2006 & with whom the oldest had 1st phase of treatment started in 2007) said LAST April that now was the time to put the braces on, ex suddenly decided that CS was enough and he shouldn't be req'd to pay for hockey, daycare or braces.
Anyway ... I'm asking for: his share of braces, daycare/camp for 2-3 wks per summer for the 12 yr old, school fees/trips in excess of $100 (ie. Gr. 8 "trip" to Ottawa ... cost $350), hockey (max. $500/year), post-secondary (when/if it occurs).
His "answer" to my Motion is over 30 pages long!!!! ... he is NOT claiming undue hardship. His income is approx. $67,000 and mine is approx. $26,000. We are both either remarried on in long-term common-law situations and he's going on and on in his "answer" how he shouldn't have to pay Section 7, let alone table amount CS because I am remarried. He's fishing for my current husbands financials which I have been told are moot UNLESS there is a claim for undue hardship. He disclosed his common-law spouses income and their family income (for 2 people) is just under $106,000/yr. My household income is close to that but less (yet we have 5 people living here).
His "Answer" blathers on and on about how "Applicant" drives a leased vehicle, has done renovations to her home, gone on vacation, etc ...
Is it really in my best interest to "Reply" to his "Answer" with a point by point rebuttal (ie. 30 pages long) or should I just sum it up in 1 or 2 pages that Respondent & Applicant are responsible for the children. Respondent see's children (by his choice) approx. 2-4 days per month. It is not Applicant's current spouse's obligation to support Respondents children?
It then instructed ex to "Answer" and me to file my "Response" to ex's answer. Court date set for 3rd week in May.
My case is (IMO) stupidly straightforward. We have a almost 9 yr old Sep Agreement/Divorce and I want CS adjusted to ex's current income (based on his 2010 NOA) ... he's been PAYING based on this so I don't see what the issue is as it states in the orginal agreement that each year CS goes up/down. The other thing in the original Sep. Agreement is the usual (uninsured medical/dental, extra curricular, post secondary, school fees/activities in excess of $100 & childcare/daycare if CS is working or going to school).
When the Orthodontist last year (who the kids have been seeing since 2006 & with whom the oldest had 1st phase of treatment started in 2007) said LAST April that now was the time to put the braces on, ex suddenly decided that CS was enough and he shouldn't be req'd to pay for hockey, daycare or braces.
Anyway ... I'm asking for: his share of braces, daycare/camp for 2-3 wks per summer for the 12 yr old, school fees/trips in excess of $100 (ie. Gr. 8 "trip" to Ottawa ... cost $350), hockey (max. $500/year), post-secondary (when/if it occurs).
His "answer" to my Motion is over 30 pages long!!!! ... he is NOT claiming undue hardship. His income is approx. $67,000 and mine is approx. $26,000. We are both either remarried on in long-term common-law situations and he's going on and on in his "answer" how he shouldn't have to pay Section 7, let alone table amount CS because I am remarried. He's fishing for my current husbands financials which I have been told are moot UNLESS there is a claim for undue hardship. He disclosed his common-law spouses income and their family income (for 2 people) is just under $106,000/yr. My household income is close to that but less (yet we have 5 people living here).
His "Answer" blathers on and on about how "Applicant" drives a leased vehicle, has done renovations to her home, gone on vacation, etc ...
Is it really in my best interest to "Reply" to his "Answer" with a point by point rebuttal (ie. 30 pages long) or should I just sum it up in 1 or 2 pages that Respondent & Applicant are responsible for the children. Respondent see's children (by his choice) approx. 2-4 days per month. It is not Applicant's current spouse's obligation to support Respondents children?
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