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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-10-2011, 11:00 AM
hockeydal hockeydal is offline
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Default Superior court judge making order for child support

Hi there,
This is my first post and it is going to sound confusing so please bear with me
My ex served me with Divorce papers as well as papers to suspend child support on the same day. Therefore 2 different matters in 2 different courts. He never showed up to any of the proceedings for the divorce and at the settlement conference the judge awarded me an uncontested divorce as well as increased my child support to the table amount which it had not been before.
Since then we were to go back to court (provincial) to deal with the fact that the ex no longers wants to pay for our son who is living in Ottawa at residence.
I was never served papers from him which were to include his financial statement and in my error figured he prob wouldn't show up so I didn't bother going...dumb I know. Anyway it was ajourned to Oct. for another case conference however..here is the confusing part. That judge isn't aware that a new order is already in place with FRO and that I am receiving the correct amnt of support. This judge suspended the outstanding support order of May 2010 which is the old amount of support....???
My question is..when we return in Oct. can the provincial court judge over rule a final order made by the superior court judge? Even though from what the lady at the courthouse said he really should never have ruled on it in the first place since it should have been dealt with in the family court.
The superior court judge told me that he would never order a divorce until the court was satisfied that the correct amnt of child support was being pd. and that even though my son was away at school and receiving OSAP, I would still be paying alot of money to assist him. Upon seeing that my ex earned 52,000 and was going by his previous earnings of 42,000 he raised the support to where it should be.
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Old 09-10-2011, 01:54 PM
Mess Mess is offline
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Default

Confused, but..

The most recent court order takes precedence.

From reading, I think that is the order attached to your divorce order.

Orders at case conferences are on consent; if you disagreee you cannot be forced *(generally speaking. A judge will make an order to produce financial disclosure or something similar, you'd better do it).

So if you get to a case conference, you don't have to agree to any order. You may feel pressured, keep this in mind. Make absolutely sure you are clear about your case.
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Old 09-10-2011, 05:41 PM
hockeydal hockeydal is offline
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Default

I know it is a very confusing case lol. Thanks for the reply you have put my mind a ease. The judge asked me if I was sure I wanted the
Divorce that day and I said yes. We already had everything sorted and settled 7 yrs. prior as far as property etc. goes.
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