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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 11-19-2020, 10:25 PM
Meenah Meenah is offline
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Default Form 14B after no form 15B (response to motion to change) filed?

Hi there all!

In short:

If someone has not filed a response to my motion to change, and then missed the extension deadline set by a judge to file it, should I go ahead with a form 14B asking the judge to grant me an order for my motion? All I am asking for in my motion is the child support to be updated to the table amount to reflect the other party's $22K income increase.

Thoughts? Suggestions?
TIA!



In long:
I have set out a motion to change a final order for child support without consent after learning that my child's father's income has increased by $22,000 and him refusing to provide his court-ordered NOA.

He never filed a response, but did show up for the first teleconference. He told the judge that he received a certificate number for legal aid (unsure how he qualified with an income >$70K, but anyway) and was waiting to hear back from a lawyer. At this teleconference, the judge made an endorsement, giving him a one-month extension to serve and file, and set a case conference for 5 months from now.

Fast forward one month. He has obtained a lawyer but they still have not filed a response. (They have now missed the new deadline, and are unable to file a response without my consent.)

In the family law rules, Rule 15 subrule (15) Request for Order, says that I can file a Form 14B asking the court to make the order requested in my motion.

What are the chances of this working? I am just asking for the basic/minumim table/guideline amount of child support in regard to his new income (I finally got the NOA so I have a number to base support on.)

Is this something judges see often? I just don't want to waste my and the court's time and money hearing a case that will likely end up in my favour anyway.

Last edited by Meenah; 11-19-2020 at 10:59 PM. Reason: spelling and grammar
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  #2  
Old 11-21-2020, 06:31 PM
tilt tilt is offline
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Has the lawyer contacted you for consent to serve late? If so, the late filing is a moot point.

You already have an action before the court and a set date for a case conference - I know courts are brutally slow rn - but judges do NOT like you filing another motion addressing the same issues. I agree a 14B would be a more efficient use of the courts time. You can call the legal aid helpline (in Ontario) and you should be able to get some directed legal advice as you are asking for something uncomplicated. A few 30 min meeting with a local lawyer may also be helpful as each court is its own fiefdom and local lawyers know the personalities involved.
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  #3  
Old 11-21-2020, 06:50 PM
Meenah Meenah is offline
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Yes they have asked for consent from me to file late. I dont mind consenting but thought maybe a 14B would get a quicker resolve. I dont want to upset the judge if a 14B would be frowned upon.

I wouldnt be filing another motion. Just asking them to make an order for my original motion filed back in july.

I hired a lawyer for legal advice $$ . Just waiting until I have a day off to talk with them. I work long hours and unfortunately have no time to talk to anyone with normal work hours until midweek
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