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  • Response to a Motion to Change

    Hi,

    I've just received a folder which holds the repose to my motion to change for support at my front door. It was just left there as no one was home.
    It states that it was send by courier on the the label from the respondents lawyers office. All documents are dated the SAME DAY of delivery and it was just left at my door.
    There is no indication that it was actually send by a actual courier.
    The lawyers office made the label with the words "send by courier" on it but I believe the respondent just left it at my door.


    My question is.
    Can the respondent just leave it at my door like that? Do I not need to acknowledge that I have received it, or dont they need proof I have received it?

    Thank you

  • #2
    I would say no, they don't need to prove it. My initial application which required a response within 30 days I believe, I never got a copy but was filed in court just before deadline. This has only happened before I retained counsel. Now everything gets faxed my lawyer, as I don't think they can do that when you have a lawyer.

    Maybe someone with more experience could chime in here, but I would think it doesn't matter.

    And why would you like to say you never got it?

    Comment


    • #3
      Okay makes sense. Im just dealing with a person who does whats he wants.
      No way would I ever say I didn't get it. I dont play games.
      Thank you

      Comment


      • #4
        Originally posted by kstart View Post
        Okay makes sense. Im just dealing with a person who does whats he wants.
        No way would I ever say I didn't get it. I dont play games.
        Thank you
        You could check the court file to see how he claims he served it, maybe you could find out it wasn't actually served the way it was served but I don't know if it's worth taking that route. You've got the documents.

        Comment


        • #5
          Good point. Thank you!
          I'm not in any way claiming that I never got them but more less to prove furthermore that even when there is guidelines in place and advice from his lawyer that he chooses to do what he wants. Just like he has with the final order for the past 4 years.

          Comment


          • #6
            Originally posted by kstart View Post
            Good point. Thank you!
            I'm not in any way claiming that I never got them but more less to prove furthermore that even when there is guidelines in place and advice from his lawyer that he chooses to do what he wants. Just like he has with the final order for the past 4 years.
            I don't think that has any reflection on his parenting abilities.

            Is he just trying to get more time with his kids ? What is it about the final order that he doesn't agree with. What is in the beat interest of the child?

            Comment


            • #7
              Im currently paying support and he made 3x as much money as I did for the past two years so Im just asking it be adjusted. His response is asking the order to be changed from week on week off to him having the child every second week and also every weekend. So Id only have the child for 10 days out of the month. Reason is because he wants to bring him to soccer on Sundays which Ive been bringing him already and already explained to him many times that I want him in soccer too and will bring him every Sunday.

              Comment


              • #8
                okay so he is piggy-backing your motion with one of his own. I would think he would be required to make a motion of his own. You can point this out with applicable case law as child support and access are two separate issues are they not?

                Comment


                • #9
                  You know I thought so too but he has a lawyer, so what he's doing must be okay...Im assuming. He's also asking sole custody. I think this is all not to pay support going forward and have me pay because he will have the child more time. Hopefully the judge sees through him.

                  Comment


                  • #10
                    Why don't you just agree to no support payable and everybody would be happy

                    Comment


                    • #11
                      That's an idea. I'll ask. In the end, Im sure things will stay the same; week on week off joint custody. They will retroactive the support and then hopefully just take the money out if the picture.

                      Comment


                      • #12
                        My ex was represented by experienced counsel and he often tried to piggy-back motions. Each and every time his lawyer was berated by the judge.

                        Old tactic

                        Comment


                        • #13
                          Really! Thanks for the information! Wow trusting professionals is getting harder and harder!!!

                          Comment


                          • #14
                            Originally posted by Links17 View Post
                            Why don't you just agree to no support payable and everybody would be happy
                            I think she's sort of stuck, he's going to seek to expand access regardless. He will need to prove a material change in circumstances for access and custody if he is seeking to change those. The simple passage of time won't be enough, he will have to show something has changed that if known at the time the order was made, it would have resulted in a different order. Alternatively, there will need to be a finding that the current access and custody order is not in the best interests of the child and a new arrangement is needed to better meet the best interests of the child.

                            She on the other hand, will need to prove a material change in circumstances for support, I.e., substantial change in his income and prove blameworthy conduct on his behalf for retroactive claim , I.e., he didn't provide up to date income disclosure when his income changed.

                            If you guys are sharing custody, the judge may not want to change child support amount if the change isn't substantial, but if he is currently underpaying support, then that could be used against him as one of the factors for custody, but he will likely consent to child support on interim without prejudice basis and seek his custody and access terms.

                            You decided you wanted more money, he decided he wants more time, that's just the way the game goes.

                            Comment


                            • #15
                              Originally posted by arabian View Post
                              My ex was represented by experienced counsel and he often tried to piggy-back motions. Each and every time his lawyer was berated by the judge.

                              Old tactic

                              If it's a motion to change, the other side has a right to respond and make their own claims. If it's just a motion, then the other party can ask the courts to dismiss the claims and make a cross motion at the same time, both will need to be argued, as long as there is merit and procedurally correct - the case management judge can dismiss if they are procedurally incorrect before they are set for a hearing or trial.

                              Comment

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