Documents Ready ... need clarification

[DunnMom]

so I don't $crew this up. (Both of us self-rep'ing)

At our Case Conference back in Feb. the judge ordered me (Applicant) to serve & file a Motion (Form 14) & Affadavit (Form 14A)

I have done up both above forms. My question is ....

1) The Motion appears that I just date & sign it
2) The affadavit needs to be sworn/affirmed & I sign it in front of the clerk

Do I serve ex with BOTH first, then go to the courthouse and hand them my Motion, have them commission the affadavit and at the same time give them Form 6B (Affidavit of Service) ..... OR do I have to go in and have them affirm the affidavit first?

TIA

[wretchedotis]

commision everything first.
then serve to other party.
then return to court and file, and swear out an affadaivit of service.
the date the motion will be heard will be assigned.

[DunnMom]

Thanks wretchedotis ... but my court date is already assigned.

Does that make any difference?

I filed a Motion to Change, Change Info Form & Fin'l Stmt back in Oct 2010. We had a 1st appearance end of Dec. I asked for a Case Conference which was held in Feb. At which time judge ordered that I file a Motion/Affadavit by April __, ex to reply by Apr __ and I to reply to HIS response by May __ ... Court date for 3rd week in May.

[Tank2]

No it shouldn't matter the the court date has already been assigned. My court date was assigned the I followed the steps that wretchedotis noted.

[wretchedotis]

ok. sounds to me like the judge wants to know why you re back in court., wasting the courts time. Maybe these are relativley small issues that should be settled amongst adults before going to court over them?

Has there been a material change? You need a "material" reason for a change. Being dissatisfied with the current arrangement is enough.

An affadavit is a sworn document where yiu provide evidence/proof of just what the problem is. How it affects you, and is unfair for it to be impinging on you.

Sees to me the judge is asking you to put down exctly why ou are there, and what the issues are.

[DunnMom]

@wretchedotis ....

History ... Motion to Change, Change Info Form & Fin'l statement filed in October to adjust CS to current income & to split Sec 7 based on our propotinate earnings AND to clarify exactly what Sec 7 is.

First Appearance set for end of December

I asked for a Case Conference at that time and it was granted and set for Feb.

At that time, in front of the judge, the only thing we agreed upon was CS as he had filed all his NOA's so his earnings were there in black/white. The judge then ordered that I file the Motion I was speaking about above along with an Affadavit. Ex has until end April to respond to my motion, then I have 2 weeks after he respnds to respond to his response and judge set a court date of 3rd week in May.

Hope that clarify's a bit

I agree this should never have gone to court. But when the CS guidelines are in black & white and ex earns 3x what I do and just willy nilly pays what he feels is relevant, whenever he feels despite an 8 yr original separation agreement that laid out those issues (ie. CS being adjusted yearly based on previous years income, Sec. 7 stating medical/dental) ... then I had to stand my ground at some point. Both boys need braces, post secondary is coming up within 4 yrs and a newer current order needs to be done to take into account the "material changes"