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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 01-10-2019, 10:31 AM
StillPaying StillPaying is offline
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If your ex agrees what his income is and what he should pay, I'm not sure why you're in court, but you could get an order for that tomorrow. DRO won't write it, but will ask you to go out and write the agreement yourselves. Then it'll get signed by a judge.
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  #12  
Old 01-10-2019, 10:38 AM
Nadia Nadia is offline
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Ex refuses to sign/agree to an order to reflect the change in child support. FRO will not enforce without Order in place. Also OP would prefer not to pay any arrears for the past 3-4 years. Certainly does not want to contribute towards section seven expenses. In short he prefers not to pay more than he is currently paying. I was told there is nothing else I can do but file a Motion to Change.

Thanks for the help Stillpaying. I will draft an Order for Child Support based on what OP accepts what he should be paying based on his current income. Hopefully he will turn up to at least get this off the table.

Last edited by Nadia; 01-10-2019 at 10:47 AM.
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  #13  
Old 01-10-2019, 10:46 AM
StillPaying StillPaying is offline
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There's a good chance the DRO will push your ex on what his current income is and what he should be paying. Try to get your ex to agree to that amount moving forward tomorrow, then negotiate arrears or leave that and s7 for a motion date.
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  #14  
Old 01-10-2019, 11:25 AM
rockscan rockscan is offline
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Quote:
Originally Posted by StillPaying View Post
I understand your fiance had a bad experience, and doesn't mind the delay, but you could have and should have scheduled your next steps at the cc; not wait a year for the ex to file something then blame it on the dro.

From what our lawyer said in his experience and from people here, DRO conferences are a waste of time and most parties go in know they are not bound by them and don’t do anything. In our case, the ex refused to provide disclosure which is why he did nothing because in the end, when she was finally pushed to admit in her own motion, it turned out we were right and he had overpaid $2000 in child support. When I say it was useless, its because she refused to provide disclosure for a motion she started.

For Nadia, if her ex has finally provided disclosure, the DRO will more than likely involve the overseer telling her ex he owes cs and will be obligated to pay a portion of section 7. Expect him to refuse. If he does, set a motion date for the updated cs and section 7 then serve an offer to settle for three years of cs and the proportionate share of what you think the court will grant as section 7.

From what I have read on cases like this, a parent who doesn’t want to pay ends up paying. Might as well set yourself up for costs.
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  #15  
Old 01-10-2019, 12:44 PM
StillPaying StillPaying is offline
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It's one thing to have a debate on whether cc's are a waste of time, but a cc is still a cc and you shouldn't repeatedly tell people to book another one.

In your case, if the disclosure wasn't provided at your cc then you could have brought a motion right away for it. The fact that you didn't, or were ok with the delay, doesn't change what a cc is.
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  #16  
Old 01-10-2019, 01:14 PM
rockscan rockscan is offline
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Nadia’s question was what to expect. I answered what to expect. And just because you have one cc doesnt mean you can automatically jump to something else. There have been other cases where another cc was ordered or a motion was moved into a conference discussion or the cc judge moved it to a motion court to have something ordered. The experience I have seen and heard (based on reading and talking with a lawyer) shows that many cases go to another conference (normally settlement) before going to a motion. There a number of posters on this forum alone who have experienced crazy conference situations that were completely unexpected INCLUDING having a second, third and fourth conference scheduled.

For Nadia, she has a straightforward case with full disclosure. If her ex continues to drag his feet she has a case to go to a hearing. For others, if their ex refuses disclosure but additional conferences are needed, they will be held.

And before you drag me for that, Ive asked about the conference process and have been told the different ways they are played out whether a second or third or settlement after dro/cc or going straight to a hearing. While you *CAN* file to push it through, if it is going to piss off the judge that you jumped the queue, I would always advise on the side of caution. I gave my opinion based on how things went and what our lawyer (who does this and is a certified expert in family law) said. Yes my fiancé could have filed for a follow conference or a motion but as we have seen, his ex refuses to provide disclosure even with an order to do so. They have a settlement conference booked for the summer. A DRO conference, a motion for disclosure and an order were unsuccessful in accomplishing what you said a hearing would.
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  #17  
Old 01-10-2019, 01:35 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by rockscan View Post
Nadia’s question was what to expect. I answered what to expect. And just because you have one cc doesnt mean you can automatically jump to something else.
It really does though. Once you have completed 1 cc, you can either book another cc, a sc, or a motion.

Quote:
There have been other cases where another cc was ordered or a motion was moved into a conference discussion or the cc judge moved it to a motion court to have something ordered.
A 2nd cc can be booked, but most of the time the moving party doesn't want that. A motion and a conference are totally different.

Quote:
The experience I have seen and heard (based on reading and talking with a lawyer) shows that many cases go to another conference (normally settlement) before going to a motion. There a number of posters on this forum alone who have experienced crazy conference situations that were completely unexpected INCLUDING having a second, third and fourth conference scheduled.
A 2nd sc or tmc is ok. You're making your way to trial. But it's very common for various motions to be brought along the way.

Quote:
For Nadia, she has a straightforward case with full disclosure. If her ex continues to drag his feet she has a case to go to a hearing. For others, if their ex refuses disclosure but additional conferences are needed, they will be held.
... yet you said book another cc.

Quote:
And before you drag me for that, Ive asked about the conference process and have been told the different ways they are played out whether a second or third or settlement after dro/cc or going straight to a hearing. While you *CAN* file to push it through, if it is going to piss off the judge that you jumped the queue, I would always advise on the side of caution. I gave my opinion based on how things went and what our lawyer (who does this and is a certified expert in family law) said. Yes my fiancé could have filed for a follow conference or a motion but as we have seen, his ex refuses to provide disclosure even with an order to do so. They have a settlement conference booked for the summer. A DRO conference, a motion for disclosure and an order were unsuccessful in accomplishing what you said a hearing would.
I'm no lawyer or expert. I just have a basic understanding of the court process and what a cc is.
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  #18  
Old 01-10-2019, 01:50 PM
rockscan rockscan is offline
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https://www.separation.ca/help-centr...se-conference/

https://vogel-llp.ca/what-is-a-dro/

https://www.simpledivorce.ca/case-co...io-family-law/

https://stepstojustice.ca/steps/5-co...ourt-process-1

Your case may have been straightforward and did not require additional conferences but that doesn’t mean others have the same situation. Everything I have read indicates that an additional conference is required following a DRC or a cc which had an order for disclosure. Even a settlement conference.
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  #19  
Old 01-10-2019, 02:08 PM
StillPaying StillPaying is offline
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The first time around, I did multiple sc's and tmc's, ept, and all the motions in between before trial. None of which were possible without completing 1 cc.

If you would like to play cautiously, I would suggest recommending people book a sc as opposed to another cc.

http://www.ontariocourts.ca/scj/prac...nt_Conferences
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  #20  
Old 01-10-2019, 02:17 PM
rockscan rockscan is offline
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Quote:
At the conclusion of the case conference, the presiding judge will either schedule a settlement conference or give directions to the parties about scheduling their next step. If a motion is required, the parties should agree to deadlines to file their material, so that all material will be filed no later than 2 p.m. three business days before the motion is scheduled to be heard.
At DRO conferences the presiding member doesn’t order anything which is why I say book a CASE conference.

Nadia’s case involves section 7 stuff which is always disputed. Depending on what happens in the DRC, a settlement conference may be the next step. Again, it depends on how reasonable her ex is and what happens if he does show up. Only she will know that and not until tomorrow. DRC are not like a conference where the judge says “we’ll book the next conference” which is why I recommended she book the next appearance following the conference because nothing is really accomplished at them.
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