Announcement

Collapse
No announcement yet.

Motion Help (Form 14B)

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Motion Help (Form 14B)

    My brother is the custodial parent and support recipient.

    He has requested from his ex in August (via email) her 2012 T4 and NOA. She replied "why do you want it".

    He send a 2nd email end of September stating something like "2nd request ... further to my email of Aug 25th, I have still not rec'd your 2012 T4 or NOA, please provide". Again got an email back "why do you want it, what games are you playing".

    I advised him to print off his 2 emails and then type out a letter stating "3rd request" and send it Registered Mail (along with the 2 email printouts) which he did and he has proof she rec'd but still no disclosure.

    From what I can gather, you can file a Motion 14B:

    "If your motion is for something procedural or uncomplicated, you can file a Form 14B motion form. If you have been served with a Form 14B motion form and want to respond, you must serve and file a response within 4 days. If you do not file a response, the motion will be treated as unopposed."

    I'm assuming he'd have to check off "with notice to all persons affected — opposition expected" ... is that correct?

    What would be the wording that he would put in for where it says "Order you want the court to make" ... basically he just wants the judge to order her to disclose her income. I'm able to provide him with rules from the Federal Child Support Guidelines and Family Law Act as reference


    Am I missing anything?

    TIA

  • #2
    Would it kill him to send back a simple "I need the information so we can adjust CS and section 7 amounts as per our agreement" answer to her question? If this is their first adjustment since the agreement was signed, she may not remember or understand that part. Just repeating the request and jumping to court the way you describe it here makes him look like a jerk.

    Comment


    • #3
      She knows WHY (after the 1st request they went back/forth with a dozen or more emails) ... I didn't feel the need to put in a huge back-story as my post seemed long enough

      Can you (or anyone else) answer the procedural question I posted regarding to filing a Form 14B motion?

      Comment


      • #4
        Originally posted by DunnMom View Post
        She knows WHY (after the 1st request they went back/forth with a dozen or more emails) ... I didn't feel the need to put in a huge back-story as my post seemed long enough

        Can you (or anyone else) answer the procedural question I posted regarding to filing a Form 14B motion?

        http://www.attorneygeneral.jus.gov.o..._change_EN.pdf

        Comment


        • #5
          Thank you MS Mom but I don't think that answers my question because this is not a Motion To Change at this point. It's simply asking for the judge to issue a Order on a procedural issue. The sep agreement and more importantly the law states that she is to provide him with her NOA once a year and she's simply outright refusing to.

          Comment


          • #6
            Is there already an order for CS in place?
            If so, I would think you want to make reference to that order and what it states re: annual exchanging of information for CS calculations.

            Comment


            • #7
              Originally posted by DunnMom View Post
              Thank you MS Mom but I don't think that answers my question because this is not a Motion To Change at this point. It's simply asking for the judge to issue a Order on a procedural issue. The sep agreement and more importantly the law states that she is to provide him with her NOA once a year and she's simply outright refusing to.
              If she has to supply her NOA each year, it should be to adjust the CS amount if that's what the agreement states.

              If her income has gone up, she should be paying more CS. If her income has gone down, it would be less.

              We can all make a good guess as to why she doesn't want to supply it.

              Comment


              • #8
                Originally posted by DunnMom View Post
                Thank you MS Mom but I don't think that answers my question because this is not a Motion To Change at this point. It's simply asking for the judge to issue a Order on a procedural issue. The sep agreement and more importantly the law states that she is to provide him with her NOA once a year and she's simply outright refusing to.
                You already have an order stating that she provide the NOA in the previous agreement.

                Comment


                • #9
                  My ex did the same - refused to provide it as agreed upon.

                  Eventually I emailed his lawyer (after 20+ attmpts trying to get it from him). I got it within a week.


                  But if you make a motion to change child support, she'll have to provide NOAs/financials, and the judge will not be happy for the delays and refusals.

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X