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  • Adding a paragraph to a Court Order

    How do I get a paragraph added to a current Court Order?

    Do I have to involve lawyers?

    I have a Court Order dated Feb. of this year. One paragraph dealing with a portion of arrears is not clear. Despite both ex. and me sending in a jointly signed letter agreeing to the miscalculation, as well as ex. authorizing the correct amount to be withdrawn from his account, MEP will not recognize this.

    Anything ex. and I send in is inconsistent with the court order and MEP will not recognize it. I have been advised by an MEP agent to resolve this one of two ways; 1) Ex pays me directly, 2) We have a paragraph added to the Court Order and send this to them.

    Ex. is insisting I send a firm letter to MEP basically telling them they are wrong and if they don't correct the situation I will send a letter to the Minister of Justice. After numerous phone calls, I know this will not gain any results. Court Order trumps everything.

    Can I have this paragraph added without talking to my lawyer?

    Thanks

  • #2
    If you are co-operating, then you draw up an amending agreement; there are examples if you google. You will include the original paragraph of the order, and then the change. Clearly state all the information about the original order, the date, file number, the judge's name. Take it to the courthouse, find the commissioner of oaths, sign it in front of him, and then file it with the clerk.

    Comment


    • #3
      MEP would definitely require a revision/new court order. I assume this is Alberta?

      What you are doing is asking that the wording in the divorce judgment be modified?

      If that is the case you can have your lawyer write to the Judge who signed the original order. You state your reasons and ask for clarification of the Order be made to divert it from Special Chambers so the parties can avoid large expenses relating to the determination of CS and a valuable Special Chambers date be freed for other matters. You therefore request an Order providing clarification of the Divorce Judgment granted by Judge___ in this matter, particularly paragraph xyz, derived from the hearing/trial.

      Then if the judge will not provide the clarification the matter proceeds to Special Family Chambers.

      Include, and refer to, signed and sworn affidavits from both you and your ex.

      I have been in front of 7 different judges. If you PM me the name of the judge that signed your original order I might be able to give you some further insight.

      Comment


      • #4
        arabian - Thanks , but it is not cost effective to involve lawyers at this time. I have been told I do not need a new court order, I need a paragraph added to the current order.


        Originally posted by Mess View Post
        If you are co-operating, then you draw up an amending agreement; there are examples if you google. You will include the original paragraph of the order, and then the change. Clearly state all the information about the original order, the date, file number, the judge's name. Take it to the courthouse, find the commissioner of oaths, sign it in front of him, and then file it with the clerk.
        mess, thanks, I am trying google now.

        I was advised to add a paragraph. ex. the original paragraph in the order is 6, I ask to insert 6b.

        The agent I spoke to suggested this would be the most clear. If I start trying to change or explain the original paragraph it may trigger an unwanted response. She said that once this paragraph is added it is underlined, and MEP will respond to the underlined portion only.

        What I am concerned about is the wording. MEP requires very specific wording that so far, I keep messing up.

        Comment


        • #5
          PM me the paragraph and what you want added.

          Comment


          • #6
            In ontario I would file a motion 14B motion for change and make it on consent then state the old paragraph and the change that is to occur.

            Simple, file with the court to be an administrated motion no parties required to attend.

            Same way as getting a separation agreement made into an order.

            Comment


            • #7
              sometimes comes down to the discretion of the judge involved as they don't like to change each other's orders. Good luck. Do let us know how you make out. Seems it shouldn't be a big deal as you are both in agreement and one should be able to simply get an order on consent.

              Comment


              • #8
                Originally posted by Mess View Post
                PM me the paragraph and what you want added.
                Sent you a PM the other day.

                Comment


                • #9
                  If you live in Alberta you can phone MEP, make an appointment, and go in and show them your proposed court order. Might save you some time by ensuring the wording is correct before you run it through court.

                  Comment


                  • #10
                    You can make an appointment and go in if you live in Edmonton.

                    They are very frustrating to deal with.

                    The pros of MEP;

                    I can access my account on line.

                    I can request a call back during the hours I am available. They have to call back.

                    The cons;

                    Talking to an agent.

                    Before you even start a conversation with an agent, a recording comes on to remind you that they will not tolerate abuse.

                    However, the disrespect, condescending and dismissive attitude I receive from some of these agents is unbelievable. They start the conversation very defensively from the position that whatever you ask them you are wrong and they are right.

                    Comment


                    • #11
                      I am fortunate that I have a direct phone number for someone there. However before I got to that point I did have occasion to go in and have face-to-face meetings. You end up talking with someone through a bullet-proof window but I found it useful anyhow.

                      I learned not to waste any time with the people who answer the general phone line as many don't have a clue what they are talking about. You can phone and request an appointment with a "supervisor." I was so pissed of a few years ago I actually booked ahead - each Monday at 10:00 for 6 weeks. Then I started dealing with someone who knew what they were doing.

                      Squeaky wheel...

                      Comment


                      • #12
                        How do I get a paragraph added to a current Court Order?
                        ...
                        Despite both ex. and me sending in a jointly signed letter agreeing to the miscalculation, as well as ex. authorizing the correct amount to be withdrawn
                        If you both agree, bring a procedural motion to have it changed. As with all legal matters, it is your choice whether you wish to involve a lawyer.

                        Comment

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