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Form 20? Motion to Change awaiting conference

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  • Form 20? Motion to Change awaiting conference

    Ex filed Motion to Change Dec 2019. He did not book a date for the first conference so when we finally booked the Dispute Resolution Conference it was to happen in April. Covid hit and everything is stalled. Now we are finally able to book a case conference (skipping the DRC) and hopefully will get in sometime in December.

    In his initial motion filing he was missing a lot of financial disclosure. He’s self-employed and getting information from him has been an ongoing issue. I’ve yet to see his 2019 returns etc.

    My response to the motion to change also noted that the issue of him not contributing to medical/dental since 2014 and asked for it to be resolved with the same motion to change. He had been paying for benefits with his corporation and we negotiated final order with imputed income to him (beginning in 2017) allowing this expense so long as he submitted my receipts and reimbursed me. (He asked for my receipts and then a month later said he never had benefits for the kids when he negotiated - only his own personal coverage which was a lie since the kids names were on the paperwork we managed to get before the final order - he then refused to reimburse even a portion so I have thousands that have never been paid back)

    Since he did not provide full financial disclosure and has ignored final order regarding benefit plan should I request all of this with Form 20? I know Form 20 is used when first requesting information and ignoring it could result in starting a motion for disclosure but we are already dealing with these issues in the Motion to Change.

    Better to send one anyways or leave it for the conference brief??

  • #2
    I would do a Form 20 with all the up to date information you are looking for. Then file a motion for disclosure and arrears of child support, if no disclosure, then file a motion for contempt. It is unlikely you will get contempt (I have no idea why judges are so reluctant to enforce the Orders they set).

    Conferences are a waste of time if the other party is pulling crap like not providing disclosure. But Judges like to see that you tried, so, play their game and do the mandatory conferences while lining up your motions where you can get some real relief.

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    • #3
      If I was starting new motion I would do as you’ve suggested. But seeing as a motion to change has already been filed by the other party. Is there a point to a Form 20 if a case conference is two months away?

      If I serve the request for disclosure and he ignores it - am I better to ask for the order for disclosure in my conference brief with the current motion to change? A new motion will likely not be heard until next spring as they are currently letting the Covid-adjourned conferences and urgent motions in first.

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      • #4
        Yes, there is 20 days to respond to a Form 20. So on the case conference brief you can say you requested specific disclosure on [date, date, date], as well as the [date] Form 20 attached to the brief. When you say “I asked for disclosure” the judge has no idea of how you actually asked, but a Form 20 is very clear and has the necessary legalese warning the opposing side of consequences. You want to have all this stuff done now so when it is motion time the Judge can Order consequences or adverse findings instead of starting at the beginning of the process and requesting disclosure then. If you don’t advocate for yourself the Courts tend to think you weren’t serious, they aren’t going to advocate on your behalf.
        Last edited by tilt; 10-01-2020, 07:09 PM.

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        • #5
          You can file a form 20 for disclosure without a motion. I would ask the clerk if you can request that the motion for disclosure be heard at the same time if he doesn’t respond to your form 20 filing.

          At the conference the judge will ask why there has been no disclosure and put it on the endorsement. If your ex still refuses to comply you can request that he be imputed again and an order for the amount owing. Filing a contempt motion for failure to disclose is a waste of time and money as a) judges don’t find contempt and b) even if they do he can still continue to refuse to comply.

          The old saying you can’t get blood from a stone is apropos for family law. BUT having an order for amounts that can be enforced is a ghost they will never shake. Any income tax, cpp or govt pension they get is garnished and if it hits over $3000 in Ontario they suspend his license.

          The bottom line is you need an order for his income and what he owes.


          Sent from my iPhone using Tapatalk

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          • #6
            Thank you for your responses

            I’m going to get myself organized and serve him asap. I found the sticky on Form 20 and it seems quite detailed so I can guide myself from there. The form seems quite straightforward, so I’ll do some searching and see if I can find one online that is fillable.

            Hopefully we can get a date for the conference soon. This has been delayed for far too long

            Comment

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