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  • served motion to change need advice!

    I have been served a motion to change and I need a few concrete answers. Here are the facts:
    • Child lives equally (50/50) in Durham Region and York Region (Both parents only at new addresses for 6 months). Child has attended school/daycare in York region for 3.5 years. Previous final order in Peel court.
    • motion filed in Durham Region
    • Motion for CS increase and proportionate daycare costs based on fathers current income (new method of determination, not SQ).
    • final order (on consent) of determining CS based on previous years NOA line 150. Consent also to split daycare and section 7 50/50.
    • CS paid by this method (line 150) from separation, with SQ of 2.5 years. Never contradicted before, no payments owed, or ever found owing.
    • Father knowingly claimed mothers income based on 2010 line 150, even after confirmation text sent last night that mother is now unemployed. He filed this morning.
    • father is unemployed since Feb 28 2010. over 90% of income from EI. Income estimated at 31,000.
    • Despite insistance that father is returning to school, no mention of that, no reasons attached why he waited until now (6 months of back support requested), even though I have been paying all along.

    questions:
    1. if this motion deals with CS and extra expenses, does it have to be in jurisdiction where child lives?

    2. if i add a request to change child's schedule, when do I ask case be moved to York district? In my answer, or at first court date?

    3. He has included current financial info, but nothing about financials at separation. I want financial equilization so I can apply for divorce. How/when do i request this? despite several requests before, he has never provided.

    4. how likely is it that this will go through?
    I am current in paying my CS and daycare (direct to provider)
    I am now unemployed (and in waiting period so technically my current income is $0!)
    We have SQ method of determination that will reflect the difference in wages as of July 1, 2012. He WILL get his increase, he is NOT being cheated out of his money


    I'm sure some of you have seen my other post on this, but I am really looking for your feedback strictly on the facts. My ex is an ass, and is grabbing for money becasue he cant go get himself a job and support his child. But I dont want your opinion based on that because there is a chance the court wont care about that. so please, be as honest as you can!

    Any advice on how to present this in my answer would be a bonus! What other documents should I incude other than my NOA from past 3 years and current paystub?

  • #2
    Can anyone answer any of my questions?

    Comment


    • #3
      1. He applied in the jurisdiction where he lives. but technically the child has a 2.5 year involvement with the community where I live through school, daycare, dentist and optician. He just wants to make me drive to Oshawa.

      Yes, $0 income looks quite odd. but I am technically in my EI waiting period, the 2 weeks where you dont make anything! I will be getting EI though, but it is still considerably less than what he gets from workers comp.

      I provided him full financial disclosure (form 13.1) during negotiation and he provided his T4s. At the time I had his previous 2 years of income tax on my computer as well. CS was determined properly then. But hew hasnt provided me the documentation on his banl accounts or a form 13.1 that would allow proper equalization. And I have since been forced to pay off some of the debts that were fairly his to pay since he claimed bankruptcy and they came after me.
      we arent divorced yet because I was afraid to apply for divorce when I applied for CS and custody. Long story, but I couldnt make him too angry or he would go into revenge mode. Like he is now. He is Angry about the CAS involvement, and didn't do anything until they got involved. Now he is trying to use the court to make me payt financially, even though he has already gotten his fair share of CS.

      yes, he fairly should wait until July. He collected government money for 11 months, so his income is still way below mine and I will end up paying him an increased amount of CS come July. I told him that. But he just wants money NOW. Unfortunately (for him) if we do it based on current income, he makes more than me and he will end of paying ME CS.

      Fine with me, but he is also asking for retroactive support to July 2011, which would mean at least $1000 that I dont have. I did pay him CS all this time, according to our order, so I'm not too worried. It was his laziness not to apply for an increase then and I hope the court can see he is only asking now to punish me.

      Thanks for the advice Iceberg!
      If anyone else can add to this, please do!

      Comment


      • #4
        ok thanks. I only asked about the jurisdiction thing because we have had problems in the past with this. The court is very specific about the case being filed in the proper jurisdiction, yet they make no statements (that I can find) about how this is determined when a child is in 50/50 situation and different jurisdictions.

        I did ask the court clerk in Newmarket about it in December, and he told me that the case could stay in Oshawa, but ONLY if the motion involved just CS and custody. He said if I asked for anything else (equalization) that it would have to be moved to where the court agreed she "lived". I told him the same details and he said it is likely the case would have to be moved to Newmarket. Who knows if that is true; the clerk in Oshawa could tell me something completely different!!

        I'm not worrying too much about the financials. Nor am I worried that he has anything to use against me in court. And no, he would not dare hurt me physically ever again. But emotionally? Mentally? is this not part of that? the constant threats, even when I know they aren"t going to happen. He has been threatening to bring me back to court for 8 months, first for SS, and when he finally got someone to tell him he was not eligible, now for CS. He's not really entitled to it now, yet he brings me back for what reason? Does he really expect to get anything, or is this his way of punishing me for CAS involvement? Really, I think it is punishment, since his chances seem slim, and if that is the case, then how to show that to the judge?

        I would ask why some of the most reasonable parents are "blessed" with the most unco-operative and vengeful exes, but that is such a redundant question for this board. If there was any reason whatsoever in his head, I wouldn"t be typing this at all

        Comment


        • #5
          no, I WANT the divorce! I just cant get him to cooperate for 5 minutes!

          We've been separated for 2.5 years, which is half the length of the marriage...he would have a hard time arguing for SS. In fact, he should be getting an insurance settlement due to his workers comp injury, but i would never go after it.

          In the meantime I've met a wonderful man who loves me an treats me better than gold. There is nothing in this world you could give me to leave this man and go back to my ex!

          Comment


          • #6
            I know I dont need his approval, but there is no point in not dealing with the financials. There really is nothing to divide, since we sold the marital home and applied it equally to the debt. What there is left to divide was originally divided quite fairly, at least enough that I was willing to pay a little more then. But since he claimed bankruptcy on his debts, they came after me, and now it is unfairly divided and he is threatening to go after my pension.

            Yes, I know he is entitled to half, but what I did was to add all the debts together, and all the assets, and then look at how they separated based on owner. So he got a whole garage worth of tools and a vehicle, his credit card debt, and I took my rrsps, and my credit card debt. Unfortunately he didnt pay his credit card debt, and I had to. So all I really want is some of that back and then no further connections.

            At this point if I apply for marriage the clerk told me they would force us to do equalization before getting the divorce, since there is no real reason to drag it out. He told me it was better to address it during this motion to change in Provincial court, to get everything dealt with, and then apply for an uncontested divorce in Supreme.

            Comment


            • #7
              Originally posted by iceberg View Post
              Some people reconcile because of the kids, others change 180 etc, but I doubt it is ever the same again. Well my parents reconciled after 5 years
              Thats good to hear (and I hope it worked out). But there will be no reconciliation unless it is after I am dead!

              Comment


              • #8
                Originally posted by billiechic View Post
                Thats good to hear (and I hope it worked out). But there will be no reconciliation unless it is after I am dead!
                That's the spirit

                Comment


                • #9
                  Originally posted by Teenwolf View Post
                  That's the spirit
                  LMAO! yup, and even then it is still under review....

                  Comment


                  • #10
                    Originally posted by iceberg View Post
                    Oh come on. lets say your new guy dumps you or cheats on you and your ex acts all nice, treats you like a queen, completely changed, plus the child prefers being with both parents and you would be with the child every day so never say never
                    my oh my, now someone is reaching!

                    Comment

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