Hi, first time posting but have lurked for a while. I hope someone here might have some advice on what to do.
Divorced 5 years ago out west, have 50/50% physical and legal custody of my kids. Ex decided to move to Ontario, to avoid the nasty legal battle (I had at least a 50% shot of losing) I agreed to also move to keep the custody as-is, in ON.
I've taken a big hit financially in the move (something we both knew would happen), and need to get child support reevaluated based on our new incomes. The judge who gave the consent order recognized the lost income but wouldn't re-assess support at that point, he said we should do that in Ontario court once we moved. Ok. So we move, then I try getting our consent order recognized in Ontario so that we can then do the re-assessment. The ON judge says it will take years to recognize the consent order, so he suggests we do a new ON-based consent order re-establishing the same facts as in the old one. But the ex refuses to the new consent order because it would include a support recalculation (re-assessment would make her lose most of her support).
I feel like this is over-complicated for nothing. How do people usually proceed when they move provinces? Do you do the very-long recognition of the old parenting order, or do you start over with a whole new parenting order? Do most people have less douchy exes and do consent orders? And, in my case, what would be my best course of action to get an enforceable parenting order and re-assessment of support, given that I have no lawyer and can't afford one?
Any advice is appreciated. Thanks
Divorced 5 years ago out west, have 50/50% physical and legal custody of my kids. Ex decided to move to Ontario, to avoid the nasty legal battle (I had at least a 50% shot of losing) I agreed to also move to keep the custody as-is, in ON.
I've taken a big hit financially in the move (something we both knew would happen), and need to get child support reevaluated based on our new incomes. The judge who gave the consent order recognized the lost income but wouldn't re-assess support at that point, he said we should do that in Ontario court once we moved. Ok. So we move, then I try getting our consent order recognized in Ontario so that we can then do the re-assessment. The ON judge says it will take years to recognize the consent order, so he suggests we do a new ON-based consent order re-establishing the same facts as in the old one. But the ex refuses to the new consent order because it would include a support recalculation (re-assessment would make her lose most of her support).
I feel like this is over-complicated for nothing. How do people usually proceed when they move provinces? Do you do the very-long recognition of the old parenting order, or do you start over with a whole new parenting order? Do most people have less douchy exes and do consent orders? And, in my case, what would be my best course of action to get an enforceable parenting order and re-assessment of support, given that I have no lawyer and can't afford one?
Any advice is appreciated. Thanks
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