Do I need to file a MOC to vary support from our trial in 2013, before any motion can be brought (my situation is very fluid, due to sudden and dire circumstances the children and I face - I have an eviction hearing from our residence in 2 weeks (children live 50/50 on week about basis).. I haven't drafted a MOC yet, still waiting on OP to provide details and consent (using their Income Agreement entered at trial).
I have been struggling with OP in order to vary child support using the OP own Income Agreement (submitted into evidence), which lays out imputed quantum and aniversary dates towards my EX.. the trial judge found the agreement to be reasonable and fair. I was in the process of trying to draft a motion to vary support using updated finanical info, along with OP Income Agreement, however my monthly shortfall and (minimimzed) expenses still exceed my income (after deductions from source).
I have been served with an eviction hearing notice, which is to take place before any type of case conference - as the motion to vary is still in the works and being delayed by OP lack of response, disclosure etc...
What can I do? I have shared custody, 50/50 access and being evicted with 3 children under the age of 10? Not because of poor financial planning / budgeting but as a direct result of the OP refusal to honor an agreement that was made before the court during trial.
I honestly thought that once trial was completed in 2013, and a clear path laid out by the courts and all parties consent (at trial), that even though things would be tough, there would be an eventual balance, and light at the end of the tunnel. Instead, OP behaviour is escalating over from finances, to almost everything... now including not only when I can see the children, but also how I am spending my time with them - although this has never been an issue since separation in 2011.
Help... Please
I have been struggling with OP in order to vary child support using the OP own Income Agreement (submitted into evidence), which lays out imputed quantum and aniversary dates towards my EX.. the trial judge found the agreement to be reasonable and fair. I was in the process of trying to draft a motion to vary support using updated finanical info, along with OP Income Agreement, however my monthly shortfall and (minimimzed) expenses still exceed my income (after deductions from source).
I have been served with an eviction hearing notice, which is to take place before any type of case conference - as the motion to vary is still in the works and being delayed by OP lack of response, disclosure etc...
What can I do? I have shared custody, 50/50 access and being evicted with 3 children under the age of 10? Not because of poor financial planning / budgeting but as a direct result of the OP refusal to honor an agreement that was made before the court during trial.
I honestly thought that once trial was completed in 2013, and a clear path laid out by the courts and all parties consent (at trial), that even though things would be tough, there would be an eventual balance, and light at the end of the tunnel. Instead, OP behaviour is escalating over from finances, to almost everything... now including not only when I can see the children, but also how I am spending my time with them - although this has never been an issue since separation in 2011.
Help... Please
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