Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 08-09-2019, 01:14 PM
blue_dream1963 blue_dream1963 is offline
Junior Member
 
Join Date: Jun 2018
Location: ottawa
Posts: 12
blue_dream1963 is on a distinguished road
Default How to change a temporary order?

Hi everyone, my question is how could I go about changing a temporary order for spousal support that was only supposed to be in effect until March 2019? There have been 2 case conference dates that were scheduled, only to be cancelled by the other party. Another is scheduled for later this month and it appears they are now going to cancel that one too. Would I have to file a motion to change the order with the court? One that would end the temporary order and go back to the agreed upon amount in the separation agreement.
I keep getting excuses and delays without any back up from them. My ex is getting more $ now so she has no intention of changing that.
I do know that it has to be a judge to change the order, need to know how to go about that? What forms do I need to fill out and submit in the likely event that they cancel again.
Thanks for any feedback..
Reply With Quote
  #2  
Old 08-09-2019, 07:09 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,648
arabian will become famous soon enough
Default

What does the order actually say - is it an INTERIM order?
Unless you can get your ex to agree on consent you will have to get another order.
If you live in Ontario look under the forms section of Superior Court of Ontario. Notice of Motion. There is much information in this forum archives about how to complete these forms, as well as on-line information.
Reply With Quote
  #3  
Old 08-09-2019, 08:27 PM
blue_dream1963 blue_dream1963 is offline
Junior Member
 
Join Date: Jun 2018
Location: ottawa
Posts: 12
blue_dream1963 is on a distinguished road
Default

Thank you for the reply. It is a form 25, a temporary order. Cannot get her to agree on consent. They want to delay cc till after she gets info on her dispute with her employer for entitlement for ltd, which has been denied twice now. She is without employment income as a result. Her lawyer says if they don't get the delay they will ask judge for more $ at cc. Im wondering if its better for me to go ahead with cc or just file a motion to change the temporary order? Will the judge award more $ on temporary order at the cc? Its my understanding that at cc, the judge does not make ruling. Will I be in position to argue that I want the order terminated, or will she in fact be able to get more. She has only provided a Drs note dated from June, refuses to disclose any info on the nature of disability or how it affects her ability to work or when she could return to work. Any feedback is appreciated. Thank you
Reply With Quote
  #4  
Old 08-10-2019, 12:48 PM
tunnelight tunnelight is offline
Senior Member
 
Join Date: Jul 2017
Posts: 328
tunnelight has a little shameless behaviour in the past
Default

Quote:
Originally Posted by blue_dream1963 View Post
temporary order for spousal support that was only supposed to be in effect until March 2019? .

What does "supposed to" mean ? Did the order specify that it would end in March 2019? Where does the date March come from?

Quote:
Originally Posted by blue_dream1963 View Post
There have been 2 case conference dates that were scheduled, only to be cancelled by the other party. Another is scheduled for later this month and it appears they are now going to cancel that one too. .
What do you mean cancel? They don't show up to court? Do you still attend? What does the judge say?
Reply With Quote
  #5  
Old 08-11-2019, 05:46 PM
blue_dream1963 blue_dream1963 is offline
Junior Member
 
Join Date: Jun 2018
Location: ottawa
Posts: 12
blue_dream1963 is on a distinguished road
Default

On the temporary order it stated that we would attend a cc on March 29th at which time the ss amount would be adjusted. That never happened because they adjourned it. They said(lawyer) that they would schedule a cc for June or July...they didn't ,so I did. Now they want to adjourn this one on the 19th and reschedule sometime in October or November. I just want to know if I have to file a motion to change the temporary order in my cc brief. I have not agreed to the delay and told them i expect to see them in court on the 19th. So I need to prepare my brief. To date we have only had one cc back in Febuary, thats when the temporary order was issued.
Reply With Quote
  #6  
Old 08-11-2019, 10:55 PM
tunnelight tunnelight is offline
Senior Member
 
Join Date: Jul 2017
Posts: 328
tunnelight has a little shameless behaviour in the past
Default

adjusted based on what criteria? I thought you said it was supposed to end?

what was their reasoning in wanting an adjournment? What did the judge say when he/she ordered the adjournment?

So is she on disability now or hoping to get on it by when? Do you have disclosure? Is SS supposed to go down with her being on disability, or up, or stay the same?

I would definitely attend the case conference, advise the judge it's already been adjourned and ask for a motion to deal with the issue.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion to Change Temporary Order klekota Divorce & Family Law 7 06-25-2019 09:34 AM
Temporary Order for support expired blue_dream1963 Financial Issues 4 06-11-2019 10:32 PM
Motion to change final order has been granted!!! paco Divorce & Family Law 4 02-09-2019 08:34 AM
Email from my Lawyer - ???? serrona Divorce & Family Law 4 11-24-2006 11:58 AM
aftermath littleman Divorce & Family Law 1 09-27-2006 09:43 PM


All times are GMT -4. The time now is 05:28 PM.