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What happens if Ex doesn't fill out correct forms 14a before case conference

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  • What happens if Ex doesn't fill out correct forms 14a before case conference

    Can anyone tell me what happens if my ex (Applicant) who brought a motion against me hasn't updated her financials (form 14a) or provided a affidavit of service before the case conference. What recourse does the DRO have if the proper forms have not been filed before the case conference?

    Also, if her original financials have not been filed correctly (she never reported her income from all sources). What can happen.

    Thanks in advance.

  • #2
    Originally posted by bake View Post
    Can anyone tell me what happens if my ex (Applicant) who brought a motion against me hasn't updated her financials (form 14a) or provided a affidavit of service before the case conference. What recourse does the DRO have if the proper forms have not been filed before the case conference?



    Also, if her original financials have not been filed correctly (she never reported her income from all sources). What can happen.



    Thanks in advance.


    Adjourned to allow the moving party to file the required documents. Easy pz


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    • #3
      Originally posted by trinton View Post
      Adjourned to allow the moving party to file the required documents. Easy pz
      With costs ordered against the party that did not complete the required paperwork.

      Make sure to ask for those costs.

      Comment


      • #4
        Thank-you for the reply...
        I will definitely ask for costs as I have had to take multiple 1/2 days off of work to go to the court house to file a series of documents in addition to the consultation I have had with a family lawyer. Not to mention the multiple hours I have spent navigating the Family Court process and how to file and serve documents correctly. Do you know if there is a figure you can attribute to the hours you have to take off of work to attend court? I'm representing myself but have consulted a Family lawyer.

        Thanks

        Comment


        • #5
          I believe WorkingDad's case would be useful for you to review regarding costs. I don't recall the case name but I'm sure someone on here will post it.

          I'd also consider preparing an invoice:

          Why not take your salary and break it down to hourly and calculate that. Then look up the provincial car allowance rate (per kilometre) and calculate mileage for all those trips to the courthouse. Then have the lawyer you consulted prepare an invoice and add that. Top everything up with your out-of-pocket expenses for photocopying etc.

          Don't forget to add in prep time for research. But don't go overboard, particularly if it was you who initiated the action.

          Others may have another idea.

          Comment


          • #6
            Thank-you for the reply Arabian I will look up that thread/post...
            I have kept track of all of my expenses with excel and just wasn't certain of how to account for my hours.
            I did not initiate this motion, but rather am the respondent to this action.
            I would also like to add that the final court order was just signed in November of 2015 and my ex is trying to have the order changed to have me pay all s.7 expenses related to post-secondary (unilateral decision making by her) and if I dispute any of the costs that I can take it up with the court, completely contrary to the order...
            This in spite of the fact that our order has a provision for s.7 expenses which states that both parties must agree and not to reasonably withhold consent.
            I have never had an issues w.r.t. spousal or child support for the last 8 years and am in good standing with the FRO. I have also never had an issue with tuition or books for post-secondary. I believe the burden of proof is on her to have the order changed/modified.

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            • #7
              Originally posted by Janus View Post
              With costs ordered against the party that did not complete the required paperwork.



              Make sure to ask for those costs.


              On second thought. What is meant by updated financials? He doesn't have to file updated financial statements , I.e,. Recent paystub unless his financials has changed. I know He has to file a document stating there has been no change but not a big deal if you don't.

              Does he need an affidavit for his motion? He can bring one in the day of. My lawyer did that and it was accepted and used to defuse opposing testimony.

              I wish I knew this cost thing. I could have had at least 3 costs order against op for these things in my initial proceedings. However I'm not sure if that would have worked because op was on welfare.

              Do ask for costs.





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              • #8
                Originally posted by bake View Post
                Thank-you for the reply Arabian I will look up that thread/post...
                I have kept track of all of my expenses with excel and just wasn't certain of how to account for my hours.
                I did not initiate this motion, but rather am the respondent to this action.
                I would also like to add that the final court order was just signed in November of 2015 and my ex is trying to have the order changed to have me pay all s.7 expenses related to post-secondary (unilateral decision making by her) and if I dispute any of the costs that I can take it up with the court, completely contrary to the order...
                This in spite of the fact that our order has a provision for s.7 expenses which states that both parties must agree and not to reasonably withhold consent.
                I have never had an issues w.r.t. spousal or child support for the last 8 years and am in good standing with the FRO. I have also never had an issue with tuition or books for post-secondary. I believe the burden of proof is on her to have the order changed/modified.

                Here is one of WorkingDad's Orders w.r.t. costs:

                http://www.canlii.org/en/on/onsc/doc...5onsc3684.html

                I believe there are many other threads on this forum regarding costs for self-represented.

                Comment


                • #9
                  What happens if Ex doesn't fill out correct forms 14a before case conference

                  Originally posted by arabian View Post
                  Here is one of WorkingDad's Orders w.r.t. costs:



                  http://www.canlii.org/en/on/onsc/doc...5onsc3684.html



                  I believe there are many other threads on this forum regarding costs for self-represented.


                  Legend.




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                  Last edited by trinton; 10-10-2016, 09:09 AM.

                  Comment


                  • #10
                    Thank-you Arabian for the excellent reference

                    Comment

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