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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 12-19-2019, 01:46 AM
momof2teenboys momof2teenboys is offline
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Default Motion filed in different court?

Hi all- quick questions

After 4 years of court we had a final order on all issues as of late 2017.
I was served this evening with a motion to change. It has a number of changes that are all support related. One is based on the eldest finishing school (I’ve been trying to get his agreement on that for a few months with no response) and he’s claiming difficulty in paying post-secondary for youngest and share in medical expenses for the past 4 years because his own household‘s expenses are high(??)

It was sent to my home instead of my lawyer’s office although she has sent him a couple of letters regarding his annual disclosure and updating support. So the documents don’t have my lawyer’s info. His own lawyer, prepared the filing but has not been included as his lawyer on the form. What could be the reason for this?

More importantly, this has been filed in the city he lives in and not the court here where we lived while married and the kids and I still reside. All previous court proceedings were here. Can he change this without requesting?
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Old 12-19-2019, 10:29 AM
Stillbreathing Stillbreathing is offline
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It is possible because you have a “final” order that your ex no longer has his lawyer on retainer and his lawyer has prepared the documents as unbundled services only. Your ex may assume since your matter is supposed to be “over”, that you no longer have your lawyer representing you. Your ex may also be assuming that since your matter is over and you have a “final” order that he is now starting a brand new court application and therefor can start it from wherever he wants.

Give the materials to your lawyer and she can apply to have the matter returned to your jurisdiction.
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Old 12-19-2019, 11:29 AM
momof2teenboys momof2teenboys is offline
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Quote:
Originally Posted by Stillbreathing View Post
It is possible because you have a “final” order that your ex no longer has his lawyer on retainer and his lawyer has prepared the documents as unbundled services only. Your ex may assume since your matter is supposed to be “over”, that you no longer have your lawyer representing you. Your ex may also be assuming that since your matter is over and you have a “final” order that he is now starting a brand new court application and therefor can start it from wherever he wants.

Give the materials to your lawyer and she can apply to have the matter returned to your jurisdiction.

Well both lawyers communicated just a couple of weeks ago. While he may have his on unbundled services he is aware mine is still on retainer.



The only issues remaining are updating child support with an agreement to adjust spousal at that time (upwards) and reviewing spousal in a couple of years. But he's been ignoring other financial agreements (such as medical and post-secondary) so a return to court was likely to happen in the near future. that's the reason I've kept my lawyer on retainer and she has communicated with his.


Is it difficult to have this returned to the usual jurisdiction?
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Old 12-19-2019, 12:23 PM
HammerDad HammerDad is offline
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Don't quote me on this, but when it comes to custody and access, those matters are determined in jurisdiction where the kids reside. But support changes may be made in the jurisdiction where the payor resides. The Ontario website says that if the payor wants to change support they are to file the forms at the court house nearest to them:

https://www.ontario.ca/page/set-up-o...-support-court
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Old 02-18-2020, 05:34 PM
momof2teenboys momof2teenboys is offline
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Default How long before court date is booked?

I'm assuming it may take a month..or two...or three before we are in court depending on how busy and booked up they are. And yet here I am still waiting to hear when this is going to be

I filed my response in mid-January and have yet to hear anything from the OP. Is there a timeline the moving party needs to follow to get this into court? I thought that I would at the very least have received an email with the date...but nothing. Can he keep this in limbo?

We need to update the CS and SS amounts and there are a number of expenses that he hasn't contributed his share - so I'd prefer to get this to court as soon as possible. If he doesn't move ahead and get a date booked can I file a new motion in the court in my jurisdiction to get those taken care of?

We're both self-rep, although my own lawyer is assisting me with as much as I ask her to and I suspect he has his past lawyer doing the same.

TIA!
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