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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 12-14-2021, 08:10 PM
dealingWithEvil dealingWithEvil is offline
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Default Does it matter who files first?

Paperwork hell so I need some guidance as I want to do this about a week after the holidays.

Form 15 motion to change the final order does it matter who files first and if one person files can the other still do it or do they have to wait to be served?
Does it matter who gets served first?
There is so much stuff they ask for, is it a new file number or does the old one get use?

I am looking for changes to CS and decisions.

Are there any gotchas?
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Old 12-17-2021, 01:37 AM
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Is it on consent? Have you share your financial info and agreed on a new amount to review the CS? Hard to follow as you are asking if it matters who file first, making it look like you are not in agreement with each other.

If that is the case, it doesn't matter who file first. The thing is, if you are the payor and the amount is to be increased, let the other party file first and let them pay the fees to initiate the action. If it's a decrease, (a meaningful one) file first and pay the fees. Fees can be claimed during the costs submission to the unsuccessful party.

The party initiating a new action will file a motion to change with this form; http://ontariocourtforms.on.ca/stati...-en-dec20.docx serve appropriately and file with affidavit of service

The party replying to the action will file an answer to a motion to change with this form; http://ontariocourtforms.on.ca/stati...-en-dec20.docx serve and file appropriately with affidavit of service

If the motion is on consent from both parties, you don't need to initiate an action through court. You must complete a Consent Motion to Change Child Support with this form; http://ontariocourtforms.on.ca/stati...-en-dec20.docx

If the motion to change on consent has more than the CS to review (like an increase in parenting time and decision making change, etc...), then you complete a Consent Motion to Change with this form; http://ontariocourtforms.on.ca/stati...-en-dec20.docx

Consent Motion to change are then forwarded to the other party for their review and signature with a proposed new order Form 25 only for the paragraphs being reviewed from the last Final Order. The proposed order must state which previous order is being reviewed and must have an indication stating �Approved as to form and content this XX day of Month, 202X� and a line to allow the other party to sign. Another copy of the proposed order (without the indication as to form and content) must be included for the judge/clerk registrar's approval. Once all signed, each party keep a copy. Then either party can bring the original documents (consent motion to change child support, order to form and content and the proposed order for the judge) to the court registrar for approval.

File number specification;
You always use the same file number that was allocated to your case. Every time you initiate a new action, you add -1 to your number.

For example; if your case number is FC-18-877 from the initial action, your final order will also have the same number stating on it.
When a new action is initiated, your new number will become FC-18-877-1 and your final order will also be FC-18-877-1.
The next action then after would be FC-18-877-2.

When initiating a new action, at time of drafting the new order, you must indicate which previous Final or temporary order you are reviewing. (FC-18-877-?) The new order should only review the affected paragraphs or/and add new paragraphs. You don't need to re-draft the whole initial/previous final order as you are already referring to it.

Last edited by mafia007; 12-17-2021 at 01:41 AM.
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Old 12-17-2021, 08:38 AM
rockscan rockscan is offline
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Important to note thoughif it is because cs is increasing and you dont file first, make sure you put that extra money into an account so its there when you have to pay. Unless you are going to agree early in the process, that money adds up in the long court times.
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Old 12-17-2021, 09:37 AM
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Quote:
Originally Posted by dealingWithEvil View Post
Are there any gotchas?
Just that you are filing in the busiest time when the court gets the most family law applications. Look it up on Google... Its a real statistic that the majority of family law stuff is filed right after the winter holiday.
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Old 12-24-2021, 01:26 PM
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Everyone wants to make it through the holidays as a happy family unit. When things go unsurprisingly poorly, it provides more justification for ending the marriage tout de suite.
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