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  • Form 23C question

    Hello,

    Hoping someone could provide answers to some questions I have.

    I'm the respondent and I had a case conference and the applicant didn't show. applicant has not paid child support since March 2020 and has stopped all contact with me. he hasn't even responded to any of the court documents. the judge decided to give him 14 more days and if he still doesn't respond, then he would be in default. she told me to submit a 23C form and draft order if he is in default. we have a custody/access agreement but on a memorandum of understanding so I'm looking for an order to get that officially recognized by the court as well.

    So I looked at the 23C form and it's assuming that the applicant is filling it out.

    Do I cross out "applicant" and write in "respondent" and initial the changes?

    Should I attach an exhibit to the 23C outlining my order requests rather than trying to fit it all in on the 23C form?

    When the judge said to submit a draft order, is that form 25D?

    Are there other forms I should submit as well?

    any advice/help is greatly appreciated!

  • #2
    Yes, cross out applicant, write respondent and initial the change each time

    Yes, it is 25D. Submit both attached to a 14B that attaches the endorsement from the current judge and briefly explains what you want the Court to do (approve your 25D). Email your 25D as a word document so the Justice can easily make changes. This means you can’t use the Online postal for filing (because it only takes PDFs), you have to file to the courthouse address listed in the relevant Notice to the Profession.

    Congrats on getting an Order!

    Comment


    • #3
      @tilt Thank you for your response! Really appreciate it!

      Comment


      • #4
        Actually, I have another question. Applicant is self employed (real estate agent). Last financial disclosure received was 2017 and so he was paying child support based on 2017 income all the way up to March 2020 when he stopped paying. now it looks like he gave up his real estate license as I found out recently he is no longer registered with the real estate board. I have no other information on him if he has another job or source of income and I'm assuming he is no longer an agent based on his name missing from the list of registered agents in ontario.

        So on the 23C form where it asks for his income, I was going to just put in the 2017 information with a note that this is the last information I have.

        however the case conference Judge said I should include a note that he may not be a real estate agent anymore since this is a recent thing.

        so would I impute his income (like maybe average his 2016 and 2017 numbers)? I have no idea how much he made for 2018 to present.

        or would just putting the 2017 numbers be sufficient?

        again, any advice is appreciated!

        Comment


        • #5
          Stick to facts and what you know. I wouldn’t include the lack of licence, and would list his 2017 income (unless averaging the prior years gives you a higher number) with the note that is the last information you have.

          Comment


          • #6
            is it okay to not mention it even though the case conference judge said it should be mentioned?

            it only came up during the case conference because she had asked me if he had any real estate listings. I had checked prior to the case conference and couldn't find him in realtor.ca and so I checked the real estate council of Ontario website and he wasn't in their database of registered agents. so based on this I am assuming he is no longer an agent.

            I did explain all this to the case conference judge and say I didn't have any formal proof and it was just an assumption based on his name not being in the database.

            Comment


            • #7
              You can state the fact that you have no information on their income or employment since March 2017. Don’t complicate things. Average the two years income only if it results in a higher CS payment.

              Comment


              • #8
                @tilt Thank you again for the advice! Hope you enjoy the rest of your long weekend!

                Comment

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