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Letitbeover · Aug 9, 2010, 02:28 PM

My ex-husband filed a "motion to change" his spousal support obligations. This happened after he received a default notice hearing from FRO. We went to the case conference (both unrepresented)where it was ordered he provide disclosure. At our settlement conference, he came with a lawyer, it was ordered again for him to provide disclosure and his lawyer asked from disclosure from me. Part of what was asked for was ordered. Disclosures were to be provided within 45 days. I provided full disclosure. I have received nothing from his as yet. 45 days was up on June 26, 2010. It is now Aug. 9,2010. Can I get his "motion to change" dismissed? Would the judge order it dismissed at our scheduled trial conference on Sept. 23, 2010 or do I have to do something else? Please help. I'm at a loss as to what to do or what to expect. I live in Ontario. Canada. Thank you

GV70 · Aug 9, 2010, 04:06 PM

I am not sure how it is handled in Canada bit "Detailed financial disclosure" is required of both spouses. The financial statements necessary to present financial information to the court in an application for support can be complicated.
It depends on whether he is obligated to disclose his income to you or to the court.

Letitbeover · Aug 9, 2010, 08:08 PM

One of the rules to apply for a motion to change is submit the last 3 years of income tax returns. He has given only 2006 and 2007 income tax assessments, not returns. It was then ordered by the judge for him to provide additional disclosure as well and he has not done so. I'm really not sure how to handle this. Can anyone help, please!

GV70 · Aug 10, 2010, 04:37 PM

1.He filed for modification.
2.It is his burden to prove change of circumstances
3.He did not submit the proof.
Where is the problem?

GV70 · Aug 10, 2010, 04:46 PM

Originally Posted by Letitbeover

One of the rules to apply for a motion to change is submit the last 3 years of income tax returns. He has given only 2006 and 2007 income tax assessments, not returns. It was then ordered by the judge for him to provide additional disclosure as well and he has not done so. I'm really not sure how to handle this. Can anyone help, please!

Canadian Individual tax returns for any specific year must be filed by April 30 of the following year.It declares liability for taxation.

Notice of income tax assessment -the form that the CRAgency sends to all taxpayers after processing their returns, that states the amount of taxes to be paid or refunded.

ScottGem · Aug 10, 2010, 05:06 PM

I agree with GV, he filed the motion, he was ordered to provide disclosure, he has not. So you ask for a dismissal. I wouldn't wait until the next hearing. I would file the forms to apply for a dismissal right now and aks that the next hearing be cancelled. The worst that could happen is they say no.

Letitbeover · Aug 10, 2010, 05:43 PM

Thank you GV and ScottGem. I feel a lot better now. My only concern is if I have to explain the reason for every document I have requested, even though our case Judge has ordered them from him. I have good reason but it could be a lengthy hearing and frankly I don't want to have to prepare for it. I have already given the facts on our case and will include it in my motion. I just hope it will be enough, as I believe our case Judge felt it was. Again, thank you so much for taking the time to help me.