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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 02-01-2022, 07:35 PM
summersimmer summersimmer is offline
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Default File motions before Case Conference

They probably have a lawyer.
I want to file motions before the Case Conference for changes to a final order.


So I can get disclosure and ask for costs for that because the are in violation.
So I can get some of the monthly child support income they owe me based on the new income they have.

These should be simple motions so 14B, yes?
Am I to be denied?
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Old 02-01-2022, 09:42 PM
Hide on Bush Hide on Bush is offline
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Not a lawyer, but I expect the experienced people on here are going to need a little more information from you.

Your looking to file a motion to change prior to a cc? Is this your first cc?

Also you should be receiving financial disclosure prior to your cc anyways. Why file a motion for something your going to already get?

I saw OrleansLawyer post on here recently saying that motions before a case conference are for emergency situations. You obtaining financial disclosure faster for the purpose of modifying child support, I would think, is not an emergency.

Again, not a lawyer.
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Old 02-01-2022, 10:44 PM
Brampton33 Brampton33 is offline
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Filing a motion before a CC is typically reserved for emergencies only. And I mean emergencies. Such as the child being in danger, or the other parent seeking to leave the country and not come back. A request for disclosure and proper support payment would likely get sorted out at CC, and not be a considered by the court as a candidate to make the emergency motion list.
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Old 02-01-2022, 11:09 PM
summersimmer summersimmer is offline
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Maybe different areas have different rules.
When I spoke to a lawyer they stated I can file a 14B to ask if I can file motions for certain items in regards to temporary changes to child support or even stopping it.
I have to file a From 20 requesting the documents I am seeking first though.
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Old 02-01-2022, 11:34 PM
Hide on Bush Hide on Bush is offline
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Quote:
Originally Posted by summersimmer View Post
Maybe different areas have different rules.
When I spoke to a lawyer they stated I can file a 14B to ask if I can file motions for certain items in regards to temporary changes to child support or even stopping it.

Your lawyer told you to file a motion to ask if you can file a motion?

Quote:
Originally Posted by summersimmer View Post
I have to file a From 20 requesting the documents I am seeking first though.
I had tried this in the past and the courthouse denied it because it wasn't related to child protection matters. However, I have heard others been allowed it.
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Old 02-02-2022, 01:06 AM
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As Brampton said, changing CS levels is not an emergency, so wait until after your CC.
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Old 02-02-2022, 10:11 AM
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You can file a motion for disclosure but it could also be ordered at the cc.

You are already before the court regarding cs, you wait for that issue through the existing process. As Janus said, cs is not an emergency.

You need to take a deep breath and set aside your anger towards your ex. None of that is relevant to the court and all it will do is get you in trouble. As I said in another thread, the judge only cares about facts and those are things you can prove:
Whether her income has changed
Whether she has paid what she owes
Whether she has claimed expenses that are inappropriate

You cannot prove anything about her behaviour and it just makes you look bad.
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Old 02-02-2022, 10:44 AM
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Read this post... Outlines what an "emergency" is...

https://www.ottawadivorce.com/forum/...ad.php?t=13291
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Old 02-02-2022, 11:11 AM
summersimmer summersimmer is offline
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thanks.

I was told that after that clerk meeting I could file a motion to see motions would be allowed. There is already a final order and this is an update to that final order basically the stuff I couldn't prove before, I can prove now.

But it seems a waste if they can do it at the case conference. Hopefully that is soon.

What is this clerk meeting for?
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Old 02-02-2022, 01:14 PM
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Quote:
Originally Posted by summersimmer View Post
thanks.

I was told that after that clerk meeting I could file a motion to see motions would be allowed. There is already a final order and this is an update to that final order basically the stuff I couldn't prove before, I can prove now.

But it seems a waste if they can do it at the case conference. Hopefully that is soon.

What is this clerk meeting for?

Ive never heard of a clerk meeting. There are conferences.

If you have filed a motion to change already and the conference is for that motion, there shouldnt be any other motions. Unless you are looking for disclosure but you can note that in your filing for the conference.
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