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 06-08-2021, 11:05 AM
hardheadedwoman hardheadedwoman is offline
Junior Member
 
Join Date: Aug 2020
Location: Ottawa area
Posts: 5
hardheadedwoman is on a distinguished road
Default Motion to Change CS Filed with omissions

Hello Everyone,
Looking for advice on how to respond to a Motion to Change CS by the Payor.
There is nothing in the Payor's statement, that can be agreed to as there are ommissions, and untruths.
Payor is attempting to pay CS for 2021 based on 2019 earnings, and will not reveal 2021 earnings.
Form 13 has obvious ommissions & mistakes...(property value is the same as it was 8 years ago)...Monthly Income is understated by $2,000 when compared to attached paystubs.
Pension that the Payor had at the time of divorce is suddenly not there any longer...
Arrears calculation is also incorrect (simple mistake, 14 months are owed, but only 13 months were used in the calculation).

My 1st question: Would someone file a motion on purpose with this many mistakes? Why would their legal counsel want them to do this?
How does the Recipient respond? There's not enough room to list all the errors on the Response form, so do we just ask for a dismissal of the Payor's motion and file a new one as the Recipient?

My husband is unrepresented, and I've been doing the research. I know many of you here say to stay out of it, but I will not stand by while he gets kicked down again. He is a great dad and stepdad, and husband. He works long hours, and has a long commute, all so that he can maintain a separate home for the weeks he has his children. The Payor doesn't appear to see any of this, she just wants to keep all her paycheque, even though he was the one that supported her financially while she went back to school, and cared for the kids while she did.
I guess none of that matters, but it does to me. He's a good man, and the child support is for the kids...and that's what the Payor doesn't seem to understand.

I'm trying to understand why anyone would file this...I think it could go very badly in Court for the Payor...
Reply With Quote
  #2  
Old 06-08-2021, 01:03 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,863
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Are they still going through equalization? If no then income is the only thing that matters. Not to mention if he does not have an offset support amount then her income means nothing.

He can respond and lay out the case from his side. Namely the correct support amounts and what is owed. He doesnt need to refute her statements, he just needs to put forward what the support owing is.


Sent from my iPhone using Tapatalk
Reply With Quote
  #3  
Old 06-08-2021, 01:09 PM
hardheadedwoman hardheadedwoman is offline
Junior Member
 
Join Date: Aug 2020
Location: Ottawa area
Posts: 5
hardheadedwoman is on a distinguished road
Default

Yes, the SA outlined CS to be calculated by equalization (that is what they had been doing until the Payor stopped CS payments.

The Motion to change the Payor has requested is to use 2019 income to calculate support going forward, and to reduce the amount of Arrears owing. I'm assuming 2020 income is greater than 150,000
Reply With Quote
  #4  
Old 06-08-2021, 01:11 PM
hardheadedwoman hardheadedwoman is offline
Junior Member
 
Join Date: Aug 2020
Location: Ottawa area
Posts: 5
hardheadedwoman is on a distinguished road
Default

Custody 50/50
Reply With Quote
  #5  
Old 06-08-2021, 01:21 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,863
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

No 2020 income is used for 2020 and 2021 until updated income is known. Or if they provided the most recent paystubs then it is used to calculate accordingly.

If the applicant didnt provide 2020 income, he can request it in his response.

All your partner needs to do is file a response outlining their income, calculating support and arrears and requesting updated income info.

What will happen is he will get a conference date, go to the conference and request full disclosure. A judge will tell both sides how it will work and they go from there.

Tell your partner to breathe. Just because this was filed doesnt mean it will happen. He can respond and make his own demands.

Note though that her pension or assets are not eligible for support calculations if she isnt drawing from them. Only her income including from shares or investments.

Also, get out of the anger/resentful weeds. Emotions mean nothing. Facts are key.
Reply With Quote
  #6  
Old 06-09-2021, 11:23 AM
hardheadedwoman hardheadedwoman is offline
Junior Member
 
Join Date: Aug 2020
Location: Ottawa area
Posts: 5
hardheadedwoman is on a distinguished road
Default

Thanks Again Rockscan. Where does the applicant put all this information? Form 15B from DM software provided by Payor's lawyer has been "prefilled". The respondent is using FLR-15B-E (2016/04). Should he ask for the changes under section 21. I ask that the term of the order of Justice...
There has not been an order given outside of the original SA...so I'm not sure this is the place to put it.
Reply With Quote
  #7  
Old 06-09-2021, 11:57 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,863
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

You need the most recent 15B online. Go to the Ontario court forms page and download it. Fill it out accordingly.

There is an area in there where you can disagree with their forms.

You may also be able to provide a 14A affidavit. That will allow you to list the facts of your side of the case.

The other side has to provide you with prefilled forms, you dont have to use them.
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
Form 14B after no form 15B (response to motion to change) filed? Meenah Divorce & Family Law 2 11-21-2020 06:50 PM
Confused about Motions - Can ex respond to motion with a motion? opticnerve Divorce & Family Law 2 08-18-2019 02:21 PM
Retroactive Motion to Change? Spoonz Divorce & Family Law 4 11-12-2010 11:34 PM
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 03:46 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 08:47 AM.