Announcement

Collapse
No announcement yet.

Motion/Impute Success!!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Motion/Impute Success!!

    So my motion is done! Not only did my ex not file anything (this was the adjournment date since he didn’t file anything for the original date)..... he didn’t even show. Which really surprised me.

    Anyways, court was PACKED. And everyone was very tense- lawyers and duty counsel running around frantically and snipping back and forth at each other all morning. So I’m thinking great, my motion is going to get put over, and my ex is going to get ANOTHER crack at delaying this. I sit there for about 3 hrs and then this one duty counsel who always remembers me approached me and asks if my ex is there (no) and that she was going to try and sneak me in before the lunch break.

    I managed to be the last person to get in front of the judge before their lunch break. He says to me “I was going to stand your matter down but I looked over your material and have decided to take care of it today. Please have a seat”

    He then proceeded to flip through my material and scribble stuff down in complete silence for about 5 minutes. He never once asked me anything. Then he looks up and says “I’ve granted your motion on your first 3 points in a temporary order. The remaining two- arrears and costs- I am going to put over until your next date with your case management judge”

    So I got CS based on an imputed income of $40,000, section 7s proportionate to income and collected by FRO every month, and an order that he has to get life insurance to cover his CS obligations. It’s not a final order, and I didn’t get arrears dealt with, but I already expected that I would not get those two things on a short motion

    In his endorsement the judge wrote that arrears and costs are to be dealt with at my next settlement conference, the date of which is to be booked by myself. Thing is, I already booked a trial management conference for myself. It is in December. Is there any point in going back to a settlement conference, or just go to my TMC and push for trial? Also, at this point, considering his lack of contribution would it be a good idea to ask to strike his pleadings at my next conference?

  • #2
    Awesome!!!!

    Hopefully you went right to signing up with FRO and they can start the collection immediately? Not that he will pay but by the time you make it to the next step he will be in a big hole that he won’t look good in.

    Comment


    • #3
      Yup! The courthouse I go to is always really good with that sort of stuff. One of the clerks handed me the FRO form right in front of the judge and told me to fill it out before I left

      Comment


      • #4
        Originally posted by Selfrepmom View Post
        He says to me “I was going to stand your matter down but I looked over your material and have decided to take care of it today. Please have a seat”
        So you lucked out. Otherwise it would have been another big waste of time and money. Ridiculous.

        Comment


        • #5
          amazing.

          Your posts are going to be really valuable to a lot of members of this forum in the future I'm sure.

          Comment


          • #6
            Don't bother with the striking of pleadings. It is a waste of time really.

            Comment


            • #7
              Congratulation, can you tell me what your first three points were?

              Comment


              • #8
                Originally posted by Codename View Post
                Congratulation, can you tell me what your first three points were?
                1)Child support based on an imputed income of $40,000
                2) Section 7’s based on an imputed income of $40,000 (I worded the order though so it is the same dollar figure he owes every month, collectible by FRO, based off of an average of the last year of s7’s. I stayed away from putting that he is to pay a certain % every month, because apparently FRO likes solid numbers)
                3) That he must obtain life insurance for a certain amount, with me as the sole beneficiary, to fulfill his child support obligations.

                However, as I suspected, he has not followed a single word of this order to date. He even stopped paying the small amount of child support he was paying based on the previous temporary order from last year. I’m in it for the long haul with this one it looks like.

                Comment


                • #9
                  Originally posted by gettingexpensive View Post
                  So you lucked out. Otherwise it would have been another big waste of time and money. Ridiculous.
                  The main source of my luck seemed to be from the one duty counsel who I think convinced the judge to hear my matter. Might have helped that I went to high school with her brother too. Either way, I’ll take my bits of luck anywhere I can get them at this point

                  Comment


                  • #10
                    Fantastic: My daughter is going for arrears since she has been asking since 2016 with a input income of over 100,000 and continue monthly child support.
                    Section 7 for arrears owing for dental, medical, eye glasses and swimming lesson
                    and a monthly amount based on his income
                    At the time the agreement was made he was making roughly the same but then a few years later he quit his job to be self employed and he even stated that he quit his job because he wasn't getting enough. text messages and he even said that he is not going to pay even though he makes over $80,000. Now do you think he was smart? No because his life style shows that he makes well over 150,000. Anyways you should be so proud and now FRO will be enforcing your order with him. No one likes FRO especially when they hold your passport and drivers licence.

                    Comment

                    Our Divorce Forums
                    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                    Working...
                    X