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  • #16
    How did it go??

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    • #17
      HI All,


      Well my day in court didn't go the way I had expected. I tip my hat to all that self rep! I completely thought that I had all my ducks in a row and that the judge would rule on all issues. Not so! Ex got CS reduced, even though financial disclosure was never fully provided. My form 20 request went completely unaddressed and when I asked that the court make an order for the disclosure I was told "That information is irrelevant". Arrears of S7 expenses (daycare in amount of 3K) I was told were not to be ruled on as I didn't include them in my original response to the MTC. Only 1 month of CS arrears were ruled on as that's all I had documented in my original response. I made mention to the judge that the arrears continued over the last 10 months to this date and she told me "irrelevant, not in the original response". There were 3 other requests to change that never even got addressed at all in this whole process. We were told we were done and that there was no need to come back at all. I feel like we were left hanging. Sooo many questions, and wonder about what just happened?!
      Only thing to do I suppose it to file new application to have S& arrears paid.


      So again, to all those that self rep, and are able to walk out of a court room with all issues resolved I commend you. My next step is to research and see if I can find about appealing endorsements.
      Last edited by Busch; 03-28-2016, 12:11 PM.

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      • #18
        Perhaps the judge felt that you had "piggy-backed" your motion onto your ex's?

        Did you do a cross-motion?

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        • #19
          Originally posted by arabian View Post
          Perhaps the judge felt that you had "piggy-backed" your motion onto your ex's?

          Did you do a cross-motion?

          I didn't do a cross motion. I know now that is the way I should have gone for the arrears. The only reason I didn't file a cross motion was because I didn't really want the final order to be changed at all....just to be enforced.

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          • #20
            Perhaps I'm missing something. Can you not have your provincial maintenance enforcement agency enforce the arrears?

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            • #21
              She was registered with fro, her ex was trying to get cs reduced and arrears expunged. He filed the motion, she was responding to it. He lives in the US.

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              • #22
                Originally posted by rockscan View Post
                She was registered with fro, her ex was trying to get cs reduced and arrears expunged. He filed the motion, she was responding to it. He lives in the US.


                You are mostly correct Rock. Our original order wasn't originally with FRO. Self employed and under judges recommendation we didn't file with FRO. Ex began MTC process and order was finally send to FRO. They wouldn't enforce S7 as this needs to be made into an international support order. I was told by FRO to fight it in court. Now court tells me I need to make a new application to collect S7 arrears. Confusing, frustrating and a waste of time.....but also money if I don't make a new application.


                CS shouldn't have changed. but I'm not a judge and they didn't agree with me.

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                • #23
                  What was the rationale that judge gave to reduce CS?

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                  • #24
                    she based it on income tax return that was submitted while we were in session. not filed, or served. It was also based on "adjusted Gross Income". After I looked over the income tax return out side of court I realized that CS was based on 13k adjusted, but gross income was 22K. I didn't think CS was based on Adjusted Gross. Original order has CS based on imputed income for lack of completed financial disclosure. I didn't think imputed income could be changed with just a new income tax return. I guess I over read into some judgements....and hoped I was correct.


                    The thing that angers me is that I know he is making more than what he is claiming....and I can't pin it down enough to prove. His income is based on cash jobs in Canada, claimed in US dollars. He didn't provide receipts for jobs worked, didn't provide financial plan, ledgers, accountant worksheets. Just very frustrating. It will all work out in the long run. Karma will catch up with him.

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                    • #25
                      My ex is famous for filing tax and then filing an adjustment 6 months later.

                      Take your time and review your documents carefully.

                      Oh yes. Karma does come back at them. My ex is finally starting to talk to "Karma" now.
                      Last edited by arabian; 03-28-2016, 03:58 PM.

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