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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 04-20-2006, 11:44 AM
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i'm just heading out so don't have time to answer but you have to start with a motion to vary in family law court. will get back to you or someone else
  #12  
Old 04-24-2006, 02:42 PM
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I would go to the court house immediately and complete the necessary forms to have your child support payments stopped and apply for child support yourself, as the child is now living with you.

You are liable for child support payments until you file the paperwork that shows differently. If you are in Ontario, The Notice of Motion form can be found at the following link:

http://www.ontariocourts.on.ca/family_court/forms/

Does your son have to complete community service hours in order to receive his grade 12? If so, I would encourage him to complete them over the summer. This will document his intent to continue with his education and show that he is still a child of the marriage.

I would also go back to the house and take a picture of the note on the door. I would date stamp the picture. Proof is everything.
  #13  
Old 04-26-2006, 11:59 PM
Saint2255 Saint2255 is offline
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Default Thanks for all the Advice !

Sorry, I have been away for a few days.

I will definitely follow through with all the advice. My ex Wife is refusing to assist financially or with any other assistance. In fact, my son (without me knowing about it), returned to his Mother's home and was able to use his key to enter the house and obtain some personal items. When my ex discovered he had been there, she filed a Police report. This morning we had a visit from 2 uniformed Police Officers who discussed the situation with my son. He has been advised not to enter the house without my ex-Wife's permission.

The sooner I get this sorted out, the better.

Thanks to everyone who has replied.
  #14  
Old 05-01-2006, 09:00 AM
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Default Notice of Motion Form

Quote:
Originally Posted by GGG
I would go to the court house immediately and complete the necessary forms to have your child support payments stopped and apply for child support yourself, as the child is now living with you.

You are liable for child support payments until you file the paperwork that shows differently. If you are in Ontario, The Notice of Motion form can be found at the following link:

http://www.ontariocourts.on.ca/family_court/forms/

Does your son have to complete community service hours in order to receive his grade 12? If so, I would encourage him to complete them over the summer. This will document his intent to continue with his education and show that he is still a child of the marriage.

I would also go back to the house and take a picture of the note on the door. I would date stamp the picture. Proof is everything.
I have downloaded the "Notice of Motion" form. My next question is this...is it advisable to obtain a Lawyer to assist in the filling out of this form ? It is all very Legal to me, some areas on the form make sense, other parts are totally baffling due to the "Legalese".

Also...once the form is filled in, generally how long does it take before I can have my case heard by a Judge ? My ex-Wife is not assisting in anyway and I still have to pay her each month thru the Family Responsibility Office in Toronto. This is causing alot of anger and stress with my current Wife who feels this is highly unfair.

My son is prepared to come with me when it is time to go in front of a Judge. Is my ex-Wife notified of this also and could she be in court to fight this ?
  #15  
Old 05-02-2006, 04:08 PM
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Hi Saint,

Please note that you will also likely need to prepare/sign/swear the following:

1. Change information form;
2. Summary of court cases;
3. Case conference notice;
4. Case conferene brief; and
4. An updated financial statement.

You can open a new file up as an "A" file to your old proceeding. For example, if your old court file number was 1234/00, then the new court file may be opened as 1234/00A.

You CAN do this yourself if you follow instructions carefully and pay attention to detail. A lot is involved with this kind of proceeding, including smaller tasks such as serving the mother, updating the table of contents, meeting filing deadlines, and so forth. Retaining counsel would certainly make things easier if you, but perhaps just an hour-long consultation is all you need. It really depends on your understanding of the law and the time you are willing to dedicate to your case.

The way motions are scheduled really depends on in which city you file your documents. In your case, however, since your motion is the commencement of new proceedings, you will have to schedule a case conference and then arrange for the motion to be heard "at a date to be set." If you call the family law information centre in your city, they may be able to tell you the earliest case conference dates available.

I have seen a case where the child swore an affidavit regarding the status of a parenting situation. However, I don't believe all judges are very keen on this because there is always the possibility that the child did not understand the full meaning of "oath" or "affirmation" at the time the affidavit was sworn. I'm not sure how effective it will be for you son to appear with you in court if he doesn't submit a written affidavit.

I hope this helps.
Lindsay
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Old 05-03-2006, 09:17 AM
Saint2255 Saint2255 is offline
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Lindsay....thank you for all your information and advice....it is greatly appreciated.

Well, I can see that I will likely need a Lawyer for this....it looks very complicated. I was advised I could represent myself in court, but you are right...there are alot of legal issues involved which is well beyond my feeble knowledge of Family Law.

I know I have to do something soon on this, as I am still paying my court ordered monthly support payment to my ex-Wife. She has not offered 1 cent towards the support of my son while he is with me, which is creating alot of tension with my current Wife.

As I want to get this sorted out immediately, is it a case of selecting any Family Law Lawyer and start proceedings to clear this issue up ? If so, is there a recommended list of Lawyers who deal with issues like this ?
  #17  
Old 05-03-2006, 11:25 AM
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Hi Saint,

In regards to the order that is still in place, I would still keep making payments. The last thing you want to do is bring a motion to vary and have the mother point out that you are behind on your child support payments. You may always ask in your materials for a reimbursement of the child support paid from the date on which you became the primary caregiver.

The only way to vary your order is to start court proceedings, so I suggest you do this immediately.

I am only really familiar with lawyers in the Ottawa area. What is most important is how you connect with the lawyer. Chemistry is crucial, because you have to be able to feel comfortable with your lawyer and know that you can trust him/her to represent you the way you want to be represented.

I suggest that you start with the Internet. To me, a law firm with a web site that shows their mission and what they offer is a very good sign. Or, try a few consultations. Some lawyers offer free half-hours, while others don't. No one likes the idea of spending money on a lawyer they may not end up retaining, but I really think it will be worth it in the long-run when you find the right lawyer for you.

Lindsay
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Old 05-03-2006, 11:29 AM
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Default Thanks Again !

Thanks Lindsay...by the way, I am in the Ottawa area. My apologies if this thread has gone from Financial Issues to Lawyers...it certainly was not intended that way.
  #19  
Old 05-03-2006, 11:38 AM
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Hi Saint,

No need to apologize! Conversation between two people isn't always on the same topic, right? The same goes for all of our threads. Besides, I'm sure the change in subject will help other people in your situation as well.

Lindsay
  #20  
Old 05-04-2006, 01:31 PM
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Here is the link for "A Guide To Procedures In Family Court" (Ontario):

http://www.attorneygeneral.jus.gov.o...c/fc_part1.pdf

I suggest that you obtain a copy of the police report for proof as to when your son began living with you.
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