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Old 08-07-2019, 11:28 AM
Fightingfortruth Fightingfortruth is offline
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Default Pleadings struck, now motion to change

I was awarded final orders for support and custody in an uncontested trial November 2018. I had filed for divorce July 2017 with my ex responding with unfounded accusations and incomplete financials hiding all of his assets and no tax returns etc. It went over a year with him hiding behind a lawyer and refusing to pay any support, financially disclose etc. He and his lawyer managed to delay any motion I tried to bring. Then his lawyer went off record. I brought a summary judgment motion on all issues and the ex didnít respond (he showed up once claiming not to be served until the day prior (I provided proof he was 27 days prior) and got 2 more weeks and then never filed or showed up again).

The OCL was involved and also testified at the uncontested trial. They upheld my position for custody. The ex had participated in this process the previous July.

Due to many factors including lack of financial disclosure and pleadings that are inflammatory and a waste of time, the ex pleadings were struck, his income imputes and I was awarded everything I sought after a full Day uncontested trial.

Then fro starts enforcing. The ex quits his long time unionized $70,000 a year job with amazing benefits when fro garnishes once. This was January and he hasnít worked since according to recent disclosure he was forced to submit in the fro matter. Disclosure in which he still refuses to disclose any of his assets including an extensive pension, rrsps, house out of province etc. He has delayed the fro default matter since March by not showing up, hiring counsel, claiming to be filing motions he never has etc. He now faces the default hearing in 2 weeks. He has yet to pay a cent of support in over 2 years, despite being warned to do so at the last fro appearance 2 months ago by the judge.

I now have notice that he will be filing a motion to change on the orders made last November at the uncontested trial. I have yet to be served but I believe he will file this to try to avoid going to jail finally in 2 weeks.

His only pleadings in this matter are his original divorce response which was struck.

Is he allowed to rely on those pleadings in this motion to change? Do I ask again for them to be struck?

He is in contempt of every order made in November. He hasnít paid $10,000 in costs, wonít add the child to his medical insurance, life insurance etc. He hasnít seen the child in over 2 years and the child disclosed to the OCL that he wanted absolutely no contact with his father. He was very abusive and this fisnsncial abuse is something weíve experienced from him during the entire marriage.

I realize anyone can try to file a motion but this is just an abuse of the system. There are no material changes other than he quit his job and refuses to work. He had a new child last October and has a new common law partner. He wonít let me move on. He is being supported and enabled by this new partner and his 85 year old parents though an early inheritance. He has even submitted pleadings in the fro matter to this effect. He is 45 and claims no impediments to working other than not wanting to pay fro.

Sorry for the long post. I thought I was done with this jerk and that the last thing was enforcement. He owes me over $60,000 and counting and has never paid a cent. This word of a motion to change has thrown me for a loop and I just needed some advice on how to respond. I am a very successful SRL and want to keep it that way. Iíve done lots of case law research but respect the advice found here. Thanks!

PS and how do I not allow this to affect the fro hearing - this will be the 4th appearance and it is finally set for hearing. I have been asked to testify by the FRO lawyer. Thanks again!

Last edited by Fightingfortruth; 08-07-2019 at 11:33 AM. Reason: Typo
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Old 08-07-2019, 12:23 PM
rockscan rockscan is offline
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The FRO hearing is separate from anything to do with you. They will be attempting to do their job which is enforce the order. You may want to do a search on canlii for the director of fro as the applicant and see what the results were. If he has told them he doesnít want to pay them he wonít find sympathy from a judge.

The motion to change the final order from you is a separate matter that involves you. When he files that motion you can respond with everything outlined including the struck pleadings. Your focus should be on getting an income imputed to him and outlining all the details about his employability etc. IF he makes a hardship claim then his new partners financial picture will be laid bare as well.

Aside from both of those here is a piece of adviceótake a deep breath and donít let your emotions get the better of you. Is he a terrible person? Yes. But you do not need to hold onto the anger about this. Someone who does not want to pay will do everything they can to not pay. You are limited in responding and making your case. Live your life but respond where necessary. Assume you will never see that money from him and find a way to get by. Eventually it will catch up to him either through taxes or other garnishments. And I say this from experience as my fathers cpp and oas was garnished for his support obligations from 25 years ago.

It is a terrible situation and I do feel for you but at this point you have to let FRO do their job and then do yours when he sends the motion. Arabian has this happen every year as her ex keeps fighting to stop paying and she has to respond over and over again.
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Old 08-07-2019, 01:17 PM
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arabian arabian is offline
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court will most likely deny his application and make another order.
He has not paid you any money for 2 years - if FRO has not had his license and passport suspended then you have to put pressure on them to do this (my preferred manner in communicating with MEP is via fax as emails can too easily be deleted and phone conversations incorrectly transcribed).

Yes my ex (g/f) files a motion every year. I heard recently that they are going to do it again.

Voluntary unemployment is not a material change of circumstance.
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