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  • What to expect ...

    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

  • #2
    It won't drag on. At the case conference you will probably be pressured to settle somewhere in between. You could stand your ground, you are not obligated to settle for less than table.

    You will likely get a motion date within one month, maybe sooner. Will be heard in one day.

    I can't imagine you wouldn't win the motion, but even if you got less than table, it would be twice what she pays now, and it would be settled.

    Comment


    • #3
      THANK YOU Mess ... Can I ask why it might be less than guideline/table? I thought table was table & basically slam dunk unless there is stuff like self employment, split custody, travel costs for access, etc .. There are no extenuating issues other than mom says "I can't afford it" ... Based on the Form 13's ... Moms net worth is more than double dad's

      Comment


      • #4
        The conference is for the purpose of encouraging you to settle out of court.

        A settlement would involve a compromise. That means the other party paying more than she wants, and your side receiving less than you expect.

        Comment


        • #5
          Thanks again for the response but I guess I'm asking ... What is LAW. The tables are there for a reason and I was under the assumption that they stand as CS is the right of the child ? ...

          If my brother stands his ground and wants table CS (which he should have been getting since May 1/13 although he only took action in Sept 2013) ... How likely is he to win/lose this battle? And how long will it take to obtain if he is successful ?

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          • #6
            Law will be at the motion hearing. The case conference may stick to law, or it may pressure a settlement.

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            • #7
              Thank u Mess ...

              "My" personal situation was guideline CS .. PLUS other stuff like braces, & other "possibly" Section 7 like public transportation bus passes to get to/from school, house league hockey and school trips (ie. Many section 7 issues to be determined/ ruled on) ... And took 18 mos in total from start of my filing till trial ... Despite me being successful on all of the above, I don't want my bro to deal with that ... I just want him to be able to have some Fin'l support from the bio-mom as he should without it taking the toll on him emotionally, mentally & financially as it did me and my family

              Comment

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