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  • Need help ASAP

    Ex & I have had 2 Case Conferences & the last one was in May where the judge deemed it to go to Trial (in Sept). We have Trial Mgmt coming up on July 20th. I was happy that at least I could put all this court crap on the back burner until July 20th and then start again in preparation for trial

    Only issue is to clarify what is a reasonable section 7 expense & what isn't and what proportionate shares we should pay. I am the applicant. I am asking ex to contribute to 3 things .... braces, bus passes for our oldest who's starting high school in Sept. (approx. $800/yr) and hockey (max. $500/yr)

    There is NO UNDUE HARDSHIP claim by my ex (nor by me). I earn approx. $30,000 & ex earns approx. $70,000. Both of us are either common law or married.

    I get home today & ex is waiting for me and has handed me a Form 14B: Motion Form. There is no hearing date filled in, it's "with notice to all persons affected - opposition expected". It also states he wants the courts to deal with this motion "by relying only on written material"

    He's asking that the court order me to disclose my current spouses income. He's asked me before via email for this and I've refused because it's really none of his business since there is no hardship claim.

    He also asked me when my husband would be home so I'm guessing he gets served too?

    What do I do now? Do I respond? If so, how? If I don't respond, will the court just approve his request? HELP!

  • #2
    I can't see any reason why your husband's income is relevant. Nothing for you to do but just state that.

    But, I don't think that you are correct in claiming the hockey and bus passes as s7. These are just basic transportation/sports costs that should be covered by CS - nothing extra-ordinary. In other words, in the context of your combined incomes (which yields almost $9000 per child per year, assuming 2 kids), these are very NORMAL expenses.

    Comment


    • #3
      I'm not sure what your question is.

      Regarding the motion, if you do nothing (don't respond at all) you will lose the motion, have to disclose the income and likely pay his costs.

      If you fight it you can make your argument that it is irrelevent to the case. You have a copy of his motion claim so you know what his argument is. Make your argument accordingly. You can then accept the result.

      When it comes to trial, if he wins the motion he still has make a relevent argument with the material. You cannot just ignore his argument, you need to counter argue and contest it. You cannot just think the judge will "get it" and rule in your favour if you don't respond.

      So the thing is, no matter what you have to respond to the best of your abilities.

      Comment


      • #4
        Thanks Mess ... how do I respond (meaning which Form do I use) and what are the timelines that I have to respond within?

        (Also, is there some kind of case law or Family Law Act that references current spouse's income when there is no undue hardship claim?)

        TIA

        Comment


        • #5
          Ministry of the Attorney General Guide to Proceedures in Family Court

          See Part 8 Motions

          As to the question of legislation, I can only partly answer that. The Family Law Act and Child Support Guidelines specify how income is determined for the purposes of calculating support and this does not include or mention a spouse's income. The section on Undue Hardship specifies "household income" must be compared, which is understood to include spouses.

          So unless he is claiming undue hardship, household incomes are not compared, only personal incomes of the parents. That is how I understand it. If you need a more fulsome explanation you should go to the FLIC at the courthouse.

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          • #6
            Thanks again Mess ... can u please message me privately ... I have gone to your "profile" but cannot see where to privately message you ... alternatively you can email me at dunnmomof4@yahoo.ca

            TIA

            Comment


            • #7
              Wording help needed please :

              Further to 1st post of this thread, I saw duty council today for a very quick & brief time. I spend 2 1/2 hrs "waiting" and was the final person called for the day.

              I was told that I must file my own Motion (14B) stating I want an order that my current spouses income not need be disclosed and for ex to stop harassing myself & current husband regarding same as there is no basis since neither of us are claiming undue hardship.

              I'm not sure "how" to word it where it says "Order that you want the court to make". (because what I typed in the above paragraph doesn't sound very articulate).

              Any advice?

              Comment


              • #8
                What you wrote above is fine, you don't need to be Shakespear.

                Comment


                • #9
                  Thanks Mess .... I 2nd guess & stress myself out despite me telling myself to STOP IT!

                  Comment

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