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  • Submitted motion to vary, the struck now what

    I really need some serious advice here. Last year I had an interim order for spousal support, I have been paying it but in February I began collecting EI benefits, I am no longer working. I submitted a motion to change the interim support order since I had a change in income. I was representing myself, and my ex's lawyer was able to get the motion struck. Now I am not a party to the action. What do I do now? it was only a 2 year marriage and I have already been paying SS for a year. Will the other side procede? All I want is some kind of resolution. What next?

  • #2
    You need to get in touch with a lawyer. Since you are not working you may be able to get legal aid.

    Good luck.

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    • #3
      I don't qualify for legal aid, since I own my home, and I do not wish for them to put a lien on it.

      Anyone have any advice on what to do next? Please advise.

      Comment


      • #4
        Talk to the duty counsel at the court house and see if there is anything else that you can do.

        Comment


        • #5
          there should be a family law clinic at the courthouse, you can get a free 20 min help as many days as you want, it is first come first serve, so I would try to be there when it opened

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          • #6
            Hi

            It sounds like your pleadings were struck, not your motion. Your application or answer is thrown out it is for a serious breach like contempt and not just because you lost a motion. It sounds like you have ignored or refused to do something in your case for a judge to make that decision.

            You really should pay for a consult with a family law lawyer and give the office a heads up that your pleadings were struck so the lawyer can be prepared.

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            • #7
              Hello Ind. Gal
              Yes you are right my pleadings were struck. I went to court for over 2 months every Friday and a different judge each time. One judge actually stated "if I had a box in this courtroom to put him in I would do the trial right now. Everytime the applicant asked for information it was provided. But everyweek it was different and this gave the appearance of being uncooperative. A different judge every Friday just added to the confusion.
              Since I am acting on my behalf I would just like to settle. What's next appeal. How do I begin the appeal process.

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              • #8
                You have 10 days to appeal a motion. You appeal to another court than the one your case is in. If you are in Ontario Court of Justice you appeal to the Superior Court of Justice. If you are in the Superior Court you file the appeal with the Court of Appeal. It is not to be done because you don't like the outcome, it is because you think the judge erred in his ruling because he was either innattentive, biased, ruled against an existing law rule etc. Good luck!

                Comment

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