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  • Amend Answer

    To amend an Answer to include a claim for child support am I able to file and serve an affidavit explaining the changes or must I re-write the entire Answer and supporting documents?

  • #2
    If your Answer has been served and filed -- Request to the other-side for amendment. Be specific of the requested amendment of relief. If they contest, you will have to seek procedural relief which is almost given success. Always a good idea to seek costs.

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    • #3
      It has been served and the Courts have ordered that I am granted leave to amend my answer.

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      • #4
        Rewrite the Answer but include the original wording. Added Amendments are underlined.

        Answer is part of the trial record by default, whereas, Affidavit is not absolute.

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        • #5
          not the answer I was looking for ..... no pun intended

          thanx man

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          • #6
            This worked for me...

            PDF the original "Answer" as image. Add underlined text where amendment is added or original word doc - amend that route.

            Same serve/file rules with respect to amended answer.

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            • #7
              I am also seeking custody; do I have to file a new Form 35.1?
              The Applicant is asking for support, so must I submit another updated Financial Statement?
              I must add, my original answer is almost one year old.

              thanx for your imput LV

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              • #8
                If final orders in effect - Yes

                Subrule 35.1(2) reads:

                AFFIDAVIT IN SUPPORT OF CUSTODY OR ACCESS CLAIM

                (2) If an application, answer or motion to change a final order contains a claim for custody of or access to a child, the party making the claim shall serve and file an affidavit in support of claim for custody or access (Form 35.1), together with any other documents required by this rule, with the document that contains the claim. O. Reg. 6/10, s. 9.

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