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  • CS variation/end court costs/time?

    Hi - trying to get an idea of how expensive and how long it takes for a CS variation or an end (adult child) motion to get through the courts? THX

  • #2
    Well maybe I am the wrong person to ask/answer...LOL... my spouse 6 yrs and still in court. Total screw up and now we are suing as a result. All this since 2002.

    A couple of things that He did and you must do according to recent questions asked to us by the Crown. So these steps must be taken.

    Barring that you have been trying to get your Ex to submit that almighty terminating letter, what you have to do as a first step is apart from you ex you must send in a letter to FRO/Court stating the support should stop as of your belief of when and why.

    Then start your motion to change.... include with it any & all documents regarding ages etc and if you cannot supply those then you must include your request for ex to disclose... your arguements.

    It is a process that should really not take very long. In theory it should not be any longer than only a couple appearances and if you have counsel it goes a long way to being sucessful and to speed. I support self rep sometimes but to be honest one does not get the same level of respect.

    FRO's Lawyer made an art of stalling. One one occasion the judge set for a case conference and wanted to move the issue to trial. That lawyer objected and the Judge told him off saying that this was his court and he could not tell him what to do. So 4 more court dates later and his stalling the judge finally set the date. Come the time for confirmation in proceeding the clerk told us yet again this was being delayed. While this was going on, we did retain a lawyer and he ended it in one day in court.

    He is an expensive lawyer and we needed his skill level and we are still using him. It turned out to be a default dispute in the end but it was over. Retainer to us was $5000 but he was also given costs. That varies but by the nature we got exemplary. So you can recoup some of it. Turned out have a very generous overpayment which are pursuing now.

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    • #3
      Thanks so much for the info... Anyone out there for whom it was a bit more routine?? If I have to pay/be in court for every variation, that is a very depressing concept...May be better to stay put until the end of CS

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      • #4
        there is no cost for a variance order....the new information "piggy backs" on the last order. when you file you will see the court officers will add an A or B (whatever applicable) to the new filing and the papers associated wth it

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        • #5
          THANKS! sounds simple - somehow, it never is, LOL!!

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          • #6
            You need to take steps first....ie. is the child living on their own, are they attending post secondary? Now...can you prove your answers? Basically...why should support end, and prove it.

            Second, vis a vis FRO...(assuming you are in Ontario here).

            1. Send to your ex via R3 letter (registered, Receipt required) the Notice of Withdrawal form. (Ontario Central Forms Repository - Form Identification)

            Give her 10 days from the date of receipt to fill it out and send it back to you.

            At the end of the 10 days, you send the form, and the tracking notice showing her signing for it, to your ex via email, again requesting a response given the child is no longer needing support due to X (whatever the reason is) OR reasoning as to why support should continue, with supporting documentation.

            2. Regardless of whether your ex responds or not, you also should submit the "Notice to End Support" to the FRO. (Ontario Central Forms Repository - Form Identification)

            If your ex responded to the email in step 1 indicating that your reason is valid at all...you attach the email to the form

            3. At THAT point, if you still don't have any joy...you file a motion to end support to the courts, requesting that the over payment be returned to you, and for the ex to pay your costs. (given you followed the FRO's procedures and the ex decided to be unreasonable and continue to accept the funds, despite knowing support should have ended)

            You have to go through the motions, and it may take several weeks. Keep on the FRO in particular, to ensure they acknowledge receipt of your Notice to End Support form. Document the date/times you called and the person you were speaking with.

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            • #7
              Thank you so much for this detailed info, appreciate your time.

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