how do I block or delay a motion?

[Ace]

I began an application to vary CS in Aug. It has been slow going. X does not want to vary a $1500/mo order even though I am out of work. I am seeking retroactive treatment and I am self imputing income ($25,000) in an offer.
We got the Case conf done in Oct. Tried to do the Settlement conf in Jan. but X wanted court moved to Kitchener. She was successful in motions court.
I have a breif done for an Apr 2 Settlement Conf.

I then recieved a notice of motion this week asking for my last RRSP.
Status with FRO is a $52,000 balance owing. Trouble is my X has not told FRO of the transfers that would bring the balance down to 12,000. Furthermore I need to vary the CS retroactively to further reduce the balance going back to the job loss in Mar 09.
This should leave a credit balance with FRO.

She is proactively and pre emptively seeking the last asset I own on the basis of the FRO credit balance. Her motion will be heard on Apr 11. I wish to delay or stop this motion so that I may complete my attempts to vary CS and get credit for transfers already made.

My calcs say that I should see a credit of 75,000 vs the $52,000 FRO balance so a credit of $23,000 in my favor. If she gets the last RRSP I will have a credit of $53,000 in my favour but no assets left.

I can no longer afford a lawyer after paying out 250,000 in fees and awarded court costs.
When this process began 7 yrs ago we were a middle class family. Now I am worth peanuts and she is worth about $400,000, oh and the lawyers are worth about $300,000 more.
I do need you help and advice.

[NBDad]

What "transfers"? Did you actually SEND THE EX money directly while under an FRO order?

So you have an april 2 conference on the retro CS request and the adjustments to the amounts owed, and SHE has a date on April 11 to try an get your RRSP?

You merely respond to her motion that there is already a motion before the court to handle the arrears owed. It's not your EX'S job to go after your assets...it's FRO's (since you are under THEIR jurisdiction)

[Ace]

What "transfers"? Did you actually SEND THE EX money directly while under an FRO order?

Transfers refer to the Equalization, Lump sum spousal, Retro CS/SS and court costs. They were $292,000 all told including notional tax of 20%. This was satisfied with the mat house and RRSPs. I have proof of all of the transfers. I spoke to FRO. They wont do anything without her say so. There are at 40,000 in FRO related transfers ie (court costs "associated with support") and retro CS and SS.

You merely respond to her motion that there is already a motion before the court to handle the arrears owed. It's not your EX'S job to go after your assets...it's FRO's (since you are under THEIR jurisdiction)

Since I was unable to rejoin the work force so far and the EI ran out I was forced to obtain OW social assistance. This occurred the very month that FRO was going to take my licence. I apprised them of my circumstances and the tone changed from adversarial to "we cant do enforcement on people recieving social assistance". Pure irony and dumb luck. I had no idea. So ironically I am protected while on OW from FRO another government entity. The minute I am successful in my job search is the minute I lose my licence because of arrears my X wont acknowledge.
This is why my motion to vary is so necessary for all involved.
She has her heel on my throat and she knows it.<!-- / message -->

[NBDad]

Why would you transfer funds directly to the ex while under an FRO garnishment order? I'm still drawing a blank here. If you are under FRO you PAY NOTHING to the ex. Period. Ever.

When you transferred the funds to her, did you indicate what it was for? Or did you just send her money?

I don't think you need to "block" her motion. You need to request it be thrown out given there is already an existing case open to handle it.

[Ace]

Why would you transfer funds directly to the ex while under an FRO garnishment order? I'm still drawing a blank here. If you are under FRO you PAY NOTHING to the ex. Period. Ever.

When a court orders a lump sum payout and some of it is FRO related and some isn't and the transfers are in the form of the mat house and RRSPs

I don't think you need to "block" her motion. You need to request it be thrown out given there is already an existing case open to handle it.

I agree. This will be my strategy on Monday at Settlement conference. Trouble is that she is trying to 'trump' my motion to vary with her motion. So far every card she has played has worked in these courts. I have been forthright and honest while she lies through her teeth often in an defaming (defecating ) way but she gets away with it day in day out.<!-- / message -->