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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 12-01-2021, 12:24 AM
Hide on Bush Hide on Bush is offline
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Default How to deal with this? Urgent Motion?

6 months ago, my ex and I agreed and signed a Consent Motion to Change containing various terms including arrears. When I submitted it to the court, it came back with an endorsement requesting affidavits from both parties with verification on the arrears. My ex failed to do so. Now presently, he is trying to go for full custody and change child support to be based on access time and not finances.

For a little bit of history, I have had full custody of 9 out of the 9.5 years of my Son's birth. In 2019, my ex forfeiting all decision-making responsibility for $1000 off of arrears. My ex gets my Son every other weekend and 2 hours on Wednesdays. My ex also make $171,000 this year while I made $25,000...

My ex recently engaged CAS on me claiming I was not providing him with his allotted access time, however when I met with the CAS Case Workers, I provided them with video footage from my security cameras of all of the exchanges completely show he lied to engage CAS on me.

Now, my ex and his lawyer are submitting a Response Motion to Change to the Consent claiming Material Change. That Material change is my ex claiming my Son lives with my parents. My Son has been with my parents solely due to them being my child care. Occasionally, my Son will spend the night with them, but not every night. My ex absolutely knows this.

Additionally, I have various documents showing my Son's address being the same as mine including his health card registration/address change, his hockey registration, school registration, an Affidavit from my Mother, and my medical and dental benefits of my Son showing the address.

I have provided these documents to my Ex and his lawyer and they are still looking to proceed through the family court. Additionally, they didn't even attempt to contact me for any form of communication/mediation to voice concerns, they just engaged the court system.

While I made $25,000 this year, my husband's income places us above the ability to get legal aid. The last two times I went to a Case Conference, in total, it cost me $20,000 because my ex would continually agree to terms, then at the last minute change his mind and we would be required to go through the process again. He's always had the money and used that to try and financially suffocate me.

As I suspect he is trying to use the court to continue his harassment on me based on continuing to file documentation based on the sole material change being my Son's address (even though it clearly isn't and I've provided that documentation), what can I do to get ahead of this to try and prevent me from having to take days off of work to deal with the court again.

tl;dr

- Son is 9.5 years old

- Ex has had custody for the first few months of Son's life, after that, Son has lived with me the entire time

- Ex has no knowledge of anything of Son's life ie medical, dental, education matters

- Ex is now seeking full custody and to have child support based on access and not income (ie he wants me to pay him child support even though I make $25,000 per year and he makes $171,000 per year).
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  #2  
Old 12-01-2021, 09:51 AM
NewDay NewDay is offline
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Your ex is bullying you.

If you have a lawyer on retainer it may be best to ask their advice about going on a limited retainer so you can go to these items by yourself and he can go when needed.

If you don't have a lawyer:
-show up and say you don't have a lawyer.
-You may not even have to fill out an affidavit if the request is so ridiculous.

How is this an urgent motion? There is criteria for an urgent motion and I have not heard anything here that warrants that.
You have to say what region you are in because the rules can differ.

You can get $100/hr costs I think, document your time.

Seeing as it is serious and I know little someone else's opinion should also be sought.
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Old 12-01-2021, 09:52 AM
NewDay NewDay is offline
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Does he want access or custody?
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Old 12-01-2021, 10:14 AM
rockscan rockscan is offline
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Quote:
Originally Posted by thgink9- View Post
6 months ago, my ex and I agreed and signed a Consent Motion to Change containing various terms including arrears. When I submitted it to the court, it came back with an endorsement requesting affidavits from both parties with verification on the arrears. My ex failed to do so.
Did you file the affidavit? Any response from the court?

Quote:
Now presently, he is trying to go for full custody and change child support to be based on access time and not finances.
Let him try. He has to prove a material change that requires a custody change. And even if you had shared 50/50, he would still owe cs.

Quote:
For a little bit of history, I have had full custody of 9 out of the 9.5 years of my Son's birth. In 2019, my ex forfeiting all decision-making responsibility for $1000 off of arrears. My ex gets my Son every other weekend and 2 hours on Wednesdays.
So you have status quo and he has to prove there has been a material change requiring a change in custody. He could argue your son is older and can spend more time with him but again, he has to prove its needed. Would you be ok with him spending more time with his dad?

Quote:
My ex also make $171,000 this year while I made $25,000...
Irrelevant unless you choose money over your kids best interest. Is it in his best interest to spend more time with dad?

Quote:
My ex recently engaged CAS on me claiming I was not providing him with his allotted access time, however when I met with the CAS Case Workers, I provided them with video footage from my security cameras of all of the exchanges completely show he lied to engage CAS on me.
Hes a little dramatic but whatever.

Quote:
Now, my ex and his lawyer are submitting a Response Motion to Change to the Consent claiming Material Change. That Material change is my ex claiming my Son lives with my parents. My Son has been with my parents solely due to them being my child care. Occasionally, my Son will spend the night with them, but not every night. My ex absolutely knows this.
He would have to prove this and if your son has your address and lives at your house it would be hard to prove he doesnt.

Quote:
I have provided these documents to my Ex and his lawyer and they are still looking to proceed through the family court. Additionally, they didn't even attempt to contact me for any form of communication/mediation to voice concerns, they just engaged the court system.
Which is his right. Just because he files a court case doesnt mean he wins. He has the right to file and you have the right to object.

Quote:
As I suspect he is trying to use the court to continue his harassment on me based on continuing to file documentation based on the sole material change being my Son's address (even though it clearly isn't and I've provided that documentation), what can I do to get ahead of this to try and prevent me from having to take days off of work to deal with the court again.
Well you can do one of two things. You could look at offering him 50/50 and reduce child support but increase your sons time with his dad or you can fight it. Fighting it means you attend court on your own. You could see about a limited scope agreement with a lawyer who will review your documents and give you advice but not go to court. See how the first conferences go and then move from there.
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  #5  
Old 12-01-2021, 12:40 PM
NewDay NewDay is offline
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"urgent motion"
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