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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 05-25-2015, 10:06 AM
Busch Busch is offline
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Default Motion to Change FINALLY!!! Please help.

Good Morning All,
So I have officially been served with the Motion to Change after I disagreed with the Ex and his New Wife’s email of demands!!!(YES I am happy about this)The whole thing is ridiculous, self centered and just searching for ways to reduce support, without taking into consideration what is best for the children.(in my opinion at least) As I will be self-representing, I have the tedious task of responding and ensuring all my “concerns” are also heard.Soooo here begins my quest for guidance and direction from my fellow filers!
The motion to change of the Final order is for reduction of CS in 3-5 different ways, change of location of meeting place, and clothing to be provided by me for the access weekends. I don’t feel that we need to change the Final Order as I think it is fair.Sure I could fight for more CS, quicker payments of S7’s, and consistence in timely payments of CS, but I didn’t feel that was enough to request a Change of Final Order.
I have been served Form 15, Form 15A, Form 13, and Form 13A.The attachments provided for Form 13 are incomplete, and is not up to date information. (This is the reason income was imputed last time we hit the courts)It states that he has included his most recent paystub.The pay stub included was dated for 01-16-15.It is now May?There are missing tax returns, only a page from the NOA, of 2 years….the return, or the NOA or even T4 for employment for the first 3 months of 2014 is not even included.
My questions are this.
  • Can I or should I, file a Form 20 Request for Information (financial), and give EX 15 Days to respond to that request before I submit my response for MTC? If he doesn’t provide proper financials we will end up back in court…so should I request the information? Or should I let a judge tell him that his information is incomplete and wait for a new CC date?
  • Since I am not requesting CS amount be changed, am I to still file a F13? I have no issues with doing so….just don’t wanna waste time if it’s not really needed.
I’m going to stop there with the questions…there will be more to come…but I don’t want to overwhelm myself with responses.Please feel free to be as critical or blunt as you feel necessary.I know I can be bullheaded at times, and need a reality check.I thank you all for your guidance and comments in advance.

Sorry for the long post……
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Old 05-26-2015, 01:39 AM
laurie_rn laurie_rn is offline
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Having now gone through all this with my husband and his ex (so kind of reverse situation I suppose) he filed all his financials in his MTC and she didn't file hers. We let it go as we didn't care, we knew she was on OW and that he paid child support, we were not disputing his financial responsibility re: same), but yes, your ex, if he's filing a MTC, has to provide a 30 days or less financial statement (in Ontario anyway, would assume other provinces are similar) otherwise it's invalid. If I were in your situation I would be ensuring he filed his financials properly
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Old 05-26-2015, 11:17 AM
Reality Reality is offline
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You need to fill out your response to the motion to change. You have opportunity in the response to ask for anything you want including further disclosure and to dismiss the MTC.

You will have many opportunities to ask for further disclosure throughout the process as well(at the CC and at the SC).

You will need to fill out the financials as well because of S7 expenses. Those are necessary for the percentages each party will be responsible for.

There will be plenty of wasted time I guarantee it. I always provide everything on my end just so they don't get to reschedule something because I haven't disclosed or provided something. My lame attempt at trying to speed up the process.

Good Luck I was served a MTC and it has been almost a year in the courts. I am going to SC at end of June (which I expect nothing to happen) and expect trial to be scheduled and carried out by the end of next year! That is how long it can take if one party is not motivated.
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Old 05-26-2015, 10:05 PM
Beachnana Beachnana is offline
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If you can prove that the financials are incomplete you can ask that the motion be dimissed with your costs. But you need to be able to prove that they have intentionally misrepresented their finanacials.
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Old 05-29-2015, 03:30 PM
Busch Busch is offline
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can someone please let me know if this is true?

Motion to Change is largely dependent on a siginificant change in circumstances. The onus is on the party bringing forward the Motion to Change to meet the threshold and not on you to demonstrate that your court order should remain as it is.

I am happy with the staus quo....does the ex have to prove that there has been a change in material circumstance? Or can I take this opportunity to prove that there has not been?
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Old 06-02-2015, 01:57 PM
involveddad75 involveddad75 is offline
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Your position if you want things to remain in place it to argue against the material change and that what ever change she suggests isn't a material change in the context of your children.
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