Hi all - I came to the website a little under a year ago with questions about RESP/Child Support - thread here - https://www.ottawadivorce.com/forum/...ad.php?t=22024
Well I am back again, having been handed a First notice to suspend my drivers licence. My ex had filed with FRO because I stopped paying her child support as my son had gone to college and was staying in residence on campus. She had used money from our sons RESP account to pay all of his schooling expenses, including residence, and wanted me to still pay full table child support along with half of the schooling expenses out of my pocket even though I contributed to the RESP account for the last 14 years.
So I ended agreeing to pay FRO for child support (the amount was from our original separation agreement 15 years ago) but did not agree to pay for the schooling expenses.
I'm sorry but that just seems very unreasonable to me considering most of the funds in the RESP came from my contributions. Even though the fund is in her name only I believe that the RESP should be shared equally between my ex and I.
So now I am going to the family court on Wednesday to file a notice of motion for a refraining order to keep FRO from suspending my licence.
Does anyone have any advice on what to put on the notice of motion and the affidavit ?
From what I understand the notice of motion would just be me asking the judge to order that the FRO be refrained from suspending my licence and then the affidavit would list the reasons why i believe he/she should grant the order ?
I will then be attending an information session at the courthouse on how to fill out a motion to change next week so that should help for that.
I am trying to do this without a lawyer as I have already paid one $2000 and used that up through out the year and havent really got anywhere with her.
Any help that anyone can provide would be greatly appreciated !!
Edit - sorry do you need to fill out and bring a financial statement when filing the notice of motion ?
Well I am back again, having been handed a First notice to suspend my drivers licence. My ex had filed with FRO because I stopped paying her child support as my son had gone to college and was staying in residence on campus. She had used money from our sons RESP account to pay all of his schooling expenses, including residence, and wanted me to still pay full table child support along with half of the schooling expenses out of my pocket even though I contributed to the RESP account for the last 14 years.
So I ended agreeing to pay FRO for child support (the amount was from our original separation agreement 15 years ago) but did not agree to pay for the schooling expenses.
I'm sorry but that just seems very unreasonable to me considering most of the funds in the RESP came from my contributions. Even though the fund is in her name only I believe that the RESP should be shared equally between my ex and I.
So now I am going to the family court on Wednesday to file a notice of motion for a refraining order to keep FRO from suspending my licence.
Does anyone have any advice on what to put on the notice of motion and the affidavit ?
From what I understand the notice of motion would just be me asking the judge to order that the FRO be refrained from suspending my licence and then the affidavit would list the reasons why i believe he/she should grant the order ?
I will then be attending an information session at the courthouse on how to fill out a motion to change next week so that should help for that.
I am trying to do this without a lawyer as I have already paid one $2000 and used that up through out the year and havent really got anywhere with her.
Any help that anyone can provide would be greatly appreciated !!
Edit - sorry do you need to fill out and bring a financial statement when filing the notice of motion ?
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