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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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  #1  
Old 04-22-2009, 08:27 PM
frustrated11 frustrated11 is offline
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Default form filing out

how do you lay out Laws and Rules on which you are relying for form 14B (Motion Form)

underneath that section all I placed
RULE 15: MOTIONS TO CHANGE A FINAL ORDER OR AGREEMENT,
Subrule 9: (RESPONSE OR CONSENT TO MOTION) was not completed by applicant,
Subrule 14 (NO RESPONSE OR CONSENT, OR RESPONSE STRUCK OUT)
Subrule 15 (SAME, REQUEST FOR ORDER)


thanks for any help
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Old 04-22-2009, 11:00 PM
John Jeffery John Jeffery is offline
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Default Motion to Change

Frustrated 11

It sounds like you are talking about making a Motion to Change, and I had some trouble with this as well.

You need to use a Form 15 (rather than 14B) and also complete a form 15A (Change information form). Probably need to do a 13 (Financial Statement too)

Unlike EVERYTHING else in Superior Court, you don't serve this before you file. You file and then serve. You also do not need a date. You give the other side 30 days after serving to accept the change or fill out their own Motion to Change outlining what they want.

On the positive side of this, if they do not answer either by completing a Consent Form,or their own Motion to Change a judge will usually make an order based on your Changes.

In case they want anything different, it has to go to a Case conference, which you may as well book when you file so that it doesn't get held up just waithing for a date. It can always be cancelled if they agree or a judge decides for you.

When you serve them you need to include the BLANK forms for them to reply. These are all outlined on the Form 15.

Again - it is something that seems simple and straight forward. I'm just doing it to get my Supoport Payments reduced as outlined in my Final Order, but I'm sure there will be a way to mess this up to. Especially because my name starts with Mr.

Have just started the 30 days myself, so I will let you know how it progresses.
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Old 04-23-2009, 06:59 AM
frustrated11 frustrated11 is offline
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Default

thanks
I have filed and filed 15. 15A, 13 and served the blank forms, we also have a court date that was made at the time of filing. The 30 days are up and now I'm wanting to complete and file 14B and all the stuff that goes with it, also for the draft order, I need help with the section relying on Laws and Rules and also with the Draft Order wording below

"Child Support shall be suspended as of January 30 2009, until the Respondent, XXX, has located employment. At which point, Mr. XXX will then submit all the appropriate paperwork to the courts to have child support based on his new wage (included
a letter from his employer stating whether he is full-time or part time and what his wage will be along with a the current paystub). The Child Support will then follow the Guidelines as to Mr. XXX income"

any help thanks
  #4  
Old 04-23-2009, 09:09 AM
John Jeffery John Jeffery is offline
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Default 30 days are up

It is my understanding that if the 30 days are up you need to attend a Case Conference. If this is correct I think you need to fill out a Case Conference Brief, rather than the 14B. I don't have the form number with me right now.

If this is not the case I would appreciate knowing.

The Courts, when you are filing things, never seem to give you all of the information at once and can make it very confusing. They know it is impossible to retain a lawyer in our cases, but unless you ask just the right question, you often find you are running around to fill out the proper forms when they could make it very easy by advising properly the first time.

Let me know what you find out and how you succeed.
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