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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 10-16-2020, 04:12 PM
guydeluxe2018 guydeluxe2018 is offline
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Default Respondent motion 14B counter reply

I filed a 14b as per the Judge; the ex lied about the cost of the before and after school program.

They responded today, my question is can I provide a response to their 14A affidavit (Factum) do I have to include any case laws and can I attach evidence?
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Old 10-16-2020, 04:25 PM
rockscan rockscan is offline
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Quote:
Originally Posted by guydeluxe2018 View Post
I filed a 14b as per the Judge; the ex lied about the cost of the before and after school program.

They responded today, my question is can I provide a response to their 14A affidavit (Factum) do I have to include any case laws and can I attach evidence?

Why did you file a new motion? There either was or wasnt before and after school care and you either are or are not obligated to pay.

What was their response?


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Old 10-16-2020, 05:34 PM
rockscan rockscan is offline
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I went back and re-read your previous threads. First, stop starting new threads as it is easier to continue the discussion in the original thread. There is no need to start a new thread plus it helps give advice with the background.

Im confused as to why you filed a 14b. You were responsible for child care. Did your ex forge a receipt or claim tuition as the daycare? You dont have to pay it if she did.

I say all of this because its a waste of money to take her to court to make her do what you want. The onus is on her to prove it and file for the money. Even if she filed the wrong stuff with FRO you can reject it.


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Old 10-16-2020, 07:11 PM
guydeluxe2018 guydeluxe2018 is offline
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Hi Rocksan,

Can we be objective. The mother told the courts that after and before school costs $600 at the private school; the school before and after school program costs $200, the program is on hold due to covid19. The question is why should I pay for a program that the child is not attending?
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Old 10-16-2020, 09:04 PM
rockscan rockscan is offline
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I am being objective. Did your child attend? No because it is on hold. It doesnt matter what she said it costs. She didnt incur the cost therefore you dont have to pay it.

Im trying to help you avoid court. There is no need to file anything if she isnt paying for it. If she comes to you and says pay me this money your answer is provide the receipt.


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Old 11-22-2020, 04:32 PM
guydeluxe2018 guydeluxe2018 is offline
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The Justice made a decision on my 14B, she stated that it was unnecessary and should pay costs $750.

In her ruling, she stated that I should pay the $315 regardless of whether the child is attending the before or after school program at the private or public school, she also stated that she reached that calculation by finding the average cost of before and after school, 52% of that would be $315.

January 27, 2020, I consented to the mother putting the child in a private school based on the condition that she is solely responsible for the tuition fees, otherwise register the child in public school; in the Judge's endorsement she only wrote that on consent the mother can register the child in private school, she left out the condition.

The latest 14B disputing the $315 because the child is not attending before and after school program, she keeps stating that I consented to the mother registering the child and deliberately leaving out that it was on condition that she will be solely responsible for the tuition fee.

I want to know what my options are because I think am being set up with this "consent", my ex says that it is final and I will be paying $315 for the next 14 years for private school, she wants to include it in the final OTS.
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