Lets say a person has filed a Motion To Change in "Ontario Court of Justice - Family" (not Superior) ... (FYI ... 2 kids, ages almost 18 & almost 17, reside 100% time with bio-dad)
APPLICANT ... one his form 15 is ONLY asking for CS to be adjusted to the previous years NOA (2012) (which according to respondents response will be the same as this year ... 2013).
According to old agreement, Plaintiff (bio-mom) is currently only paying $250/mo in CS ... but based on last 3 yrs income should be paying $675/mo.
Only defense in response is "based on my income & expenses, I cannot afford to pay guideline CS" (but is not/cannot claim undue hardship) .. based on last year (2012) and projected 2013 NOA (not filed yet), CS should be $670/mo which is what Applicant is asking for.
In Form 15B-Response Motion to Change she didn't actually "tick off" either box but did fill in the spot on the line where it say "I agree with the information set out through Paragraphs 1-10" with the date of the Motion to Change.
They go for 1st court appearance next week ... what can be expected? ... there is full disclosure by bio mom and bio dad (custodial parent), there are 3 yrs worth of NOA's provided by each party. The payor simply does not want to/refuses to pay.
How long will this drag on OR can the judge order CS Order based on a procedural matter next week .... the applicant simply wants child support to be paid .. it can be the low or high end of the last 3 yrs ... doesn't matter which, he just wants an order so it can be enforced through the FRO if bio-mom doesn't pay.
How long can this potentially drag out? University is in the VERY near future .. it was advised that the respondent get table amount CS into an order and THEN when the time arises (May/June) deal with post-secondary issue ... which is what he's doing.
PS .. just to preempt the usual characters (u know who u are) .. this truly isn't about ME ... I'm good (at the moment) as my kid's are late teens or early adults ... this is me trying to help my brother out ... I'm trying to ask a very simple/procedural question and would REALLY appreciate a SIMPLE procedural answer back. If you need more in depth questions in order to provide a response, feel free to PM me
TIA
APPLICANT ... one his form 15 is ONLY asking for CS to be adjusted to the previous years NOA (2012) (which according to respondents response will be the same as this year ... 2013).
According to old agreement, Plaintiff (bio-mom) is currently only paying $250/mo in CS ... but based on last 3 yrs income should be paying $675/mo.
Only defense in response is "based on my income & expenses, I cannot afford to pay guideline CS" (but is not/cannot claim undue hardship) .. based on last year (2012) and projected 2013 NOA (not filed yet), CS should be $670/mo which is what Applicant is asking for.
In Form 15B-Response Motion to Change she didn't actually "tick off" either box but did fill in the spot on the line where it say "I agree with the information set out through Paragraphs 1-10" with the date of the Motion to Change.
They go for 1st court appearance next week ... what can be expected? ... there is full disclosure by bio mom and bio dad (custodial parent), there are 3 yrs worth of NOA's provided by each party. The payor simply does not want to/refuses to pay.
How long will this drag on OR can the judge order CS Order based on a procedural matter next week .... the applicant simply wants child support to be paid .. it can be the low or high end of the last 3 yrs ... doesn't matter which, he just wants an order so it can be enforced through the FRO if bio-mom doesn't pay.
How long can this potentially drag out? University is in the VERY near future .. it was advised that the respondent get table amount CS into an order and THEN when the time arises (May/June) deal with post-secondary issue ... which is what he's doing.
PS .. just to preempt the usual characters (u know who u are) .. this truly isn't about ME ... I'm good (at the moment) as my kid's are late teens or early adults ... this is me trying to help my brother out ... I'm trying to ask a very simple/procedural question and would REALLY appreciate a SIMPLE procedural answer back. If you need more in depth questions in order to provide a response, feel free to PM me
TIA
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