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motion to dismiss a motion to change

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  • motion to dismiss a motion to change

    my ex hasnt paid any child support and spousal support since February this month. He is filing a motion to change the amount. I think I can file a motion to dismiss his motion to change based on non payment of child support. How do I proceed with it. Reply to his motion of change or file a separate motion. Thanks

  • #2
    You will reply to his motion to change requesting it be dismissed.

    The motion will still be heard and the process will take a while. Are you in a province with an enforcement agency like FRO or MEP? If yes, file the order/agreement and they will start garnishing his wages.

    Why is he filing to change?

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    • #3
      You have to file a response. In your response you ask for his motion to be dismissed.

      In order to have it dismissed, you will have to challenge that there has not been a material change in circumstances justifying lowering the amount.

      To tell you if you should oppose it and try to have it dismissed or not, we would first have to know what his reasoning is.

      I would not suggest contacting enforcement agencies unless you are 100% certain you will win. Otherwise you will be ordered by a judge to pay it all back to the date when material change in circumstances took place.
      Last edited by tunnelight; 08-27-2019, 01:24 AM.

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