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Court Order Modification Steps
Summary
A court order must be formally modified to stop maintenance obligations. You must prove the child lived with you during the specified period. Lack of proper service for the court hearing can be a valid defense. Gather evidence of financial support and custody to potentially seek reimbursement. File a counterclaim in court for reimbursement and consult a local lawyer for detailed guidance. Ensure all factual statements are true and adjust templates as necessary for accuracy. Legal advice is recommended to ensure compliance with legal procedures.Full Conversation
The child was living with me from *- december *, now she wants to claim the arrears because there was no varition made at the court, establised me grounds based on those facts.
To address your situation under the Botswana Children's Act:
- A court order must be formally modified to stop maintenance obligations.
- You must prove that the child lived with you during the specified period.
- The lack of proper service for the court hearing can be a valid defense.
Would you like to connect with local lawyers for detailed assistance?
- A court order must be formally modified to stop maintenance obligations.
- You must prove that the child lived with you during the specified period.
- The lack of proper service for the court hearing can be a valid defense.
Would you like to connect with local lawyers for detailed assistance?
Write me an Application to Rescind/Vary
Certainly! Below is a simplified template you can use to draft an application to rescind or vary a maintenance court order. Please ensure you customize it with your specific details and consult with a legal professional for guidance.
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IN THE [NAME OF COURT]
CASE NO: [Your Case Number]
BETWEEN
[Your Full Name]
(Applicant)
AND
[Other Party's Full Name]
(Respondent)
---
NOTICE OF MOTION
TAKE NOTICE THAT the applicant intends to apply to this court for an order in the following terms:
*. Rescinding or Varying the Maintenance Order dated [Original Order Date], on the basis that:
- The child, [Child's Name], has been residing with the applicant from * to December *.
- The maintenance payments should have been adjusted or terminated based on this living arrangement.
- The applicant was not properly served with documents for the hearing, affecting the ability to respond.
*. Requesting the Court to Review the evidence supporting the child’s residency with the applicant during the specified period.
*. Any Further Relief the court deems just and equitable.
---
AFFIDAVIT IN SUPPORT OF APPLICATION
I, [Your Full Name], of [Your Address], hereby state:
*. Background Information:
- I am the applicant in this matter, a [Your Occupation] residing in [Your City].
- The respondent and I have a child, [Child's Full Name], who has been under my primary care from * to December *.
*. Circumstances Leading to Application:
- A maintenance order was issued on [Date of Original Order], requiring me to pay [Amount] to the respondent.
- An agreement was reached with the respondent to cease maintenance as the child resided with me, evidenced by a letter dated [Letter Date].
*. Grounds for Application:
- The court was not informed of the change in custody due to a lack of proper service.
- I have been informed of arrears from the period the child was in my care, which is unjust.
*. Supporting Evidence:
- Attached are documents supporting the child’s residency and the respondent's acknowledgment of the arrangement.
*. Prayer for Relief:
- I request the court to rescind or vary the original maintenance order and grant any further relief deemed appropriate.
DATED AT [City] THIS [Day] OF [Month], [Year].
____________________________
[Your Full Name]
Applicant
---
Please ensure all factual statements are true and adjust the template as necessary for accuracy. It may be beneficial to seek legal advice to ensure compliance with legal procedures.
---
IN THE [NAME OF COURT]
CASE NO: [Your Case Number]
BETWEEN
[Your Full Name]
(Applicant)
AND
[Other Party's Full Name]
(Respondent)
---
NOTICE OF MOTION
TAKE NOTICE THAT the applicant intends to apply to this court for an order in the following terms:
*. Rescinding or Varying the Maintenance Order dated [Original Order Date], on the basis that:
- The child, [Child's Name], has been residing with the applicant from * to December *.
- The maintenance payments should have been adjusted or terminated based on this living arrangement.
- The applicant was not properly served with documents for the hearing, affecting the ability to respond.
*. Requesting the Court to Review the evidence supporting the child’s residency with the applicant during the specified period.
*. Any Further Relief the court deems just and equitable.
---
AFFIDAVIT IN SUPPORT OF APPLICATION
I, [Your Full Name], of [Your Address], hereby state:
*. Background Information:
- I am the applicant in this matter, a [Your Occupation] residing in [Your City].
- The respondent and I have a child, [Child's Full Name], who has been under my primary care from * to December *.
*. Circumstances Leading to Application:
- A maintenance order was issued on [Date of Original Order], requiring me to pay [Amount] to the respondent.
- An agreement was reached with the respondent to cease maintenance as the child resided with me, evidenced by a letter dated [Letter Date].
*. Grounds for Application:
- The court was not informed of the change in custody due to a lack of proper service.
- I have been informed of arrears from the period the child was in my care, which is unjust.
*. Supporting Evidence:
- Attached are documents supporting the child’s residency and the respondent's acknowledgment of the arrangement.
*. Prayer for Relief:
- I request the court to rescind or vary the original maintenance order and grant any further relief deemed appropriate.
DATED AT [City] THIS [Day] OF [Month], [Year].
____________________________
[Your Full Name]
Applicant
---
Please ensure all factual statements are true and adjust the template as necessary for accuracy. It may be beneficial to seek legal advice to ensure compliance with legal procedures.
How can i make my baby mama pay for the years that she was not staying with the child?
Case Rating: *
In Botswana, you can potentially seek reimbursement for child support if you can prove that you supported the child financially during the time they lived with you. Consider these steps:
- Gather evidence of financial support and custody.
- File a counterclaim in court for reimbursement.
- Consult a local lawyer for detailed guidance.
Would you like more information on how to proceed with this process?
In Botswana, you can potentially seek reimbursement for child support if you can prove that you supported the child financially during the time they lived with you. Consider these steps:
- Gather evidence of financial support and custody.
- File a counterclaim in court for reimbursement.
- Consult a local lawyer for detailed guidance.
Would you like more information on how to proceed with this process?
Draft me a counterclaim for reimbursement.
Case Rating: *
Here's a basic template to draft a counterclaim for reimbursement. Make sure to customize it with your specific details and verify it with a legal professional:
---
IN THE [NAME OF COURT]
CASE NO: [Your Case Number]
BETWEEN
[Your Full Name]
(Applicant/Counter-Claimant)
AND
[Other Party's Full Name]
(Respondent)
---
COUNTERCLAIM
*. Background Information:
- I, [Your Full Name], am the applicant in this matter residing at [Your Address].
- The respondent and I share a child, [Child's Full Name], who resided with me from * to December *.
*. Claim for Reimbursement:
- During this period, I solely supported the child's living and educational expenses.
- The respondent did not contribute financially to the child's upbringing, despite an agreement.
*. Supporting Evidence:
- Attached are bank statements, receipts, and documents evidencing financial support and custody.
*. Prayer for Relief:
- I request reimbursement for the financial support provided during the specified period.
- Any additional relief the court deems just and equitable.
DATED AT [City] THIS [Day] OF [Month], [Year].
____________________________
[Your Full Name]
Applicant/Counter-Claimant
---
Please ensure all statements are correct and adjust the template for accuracy. Consulting with a legal professional would be advantageous to ensure compliance with legal procedures.
Here's a basic template to draft a counterclaim for reimbursement. Make sure to customize it with your specific details and verify it with a legal professional:
---
IN THE [NAME OF COURT]
CASE NO: [Your Case Number]
BETWEEN
[Your Full Name]
(Applicant/Counter-Claimant)
AND
[Other Party's Full Name]
(Respondent)
---
COUNTERCLAIM
*. Background Information:
- I, [Your Full Name], am the applicant in this matter residing at [Your Address].
- The respondent and I share a child, [Child's Full Name], who resided with me from * to December *.
*. Claim for Reimbursement:
- During this period, I solely supported the child's living and educational expenses.
- The respondent did not contribute financially to the child's upbringing, despite an agreement.
*. Supporting Evidence:
- Attached are bank statements, receipts, and documents evidencing financial support and custody.
*. Prayer for Relief:
- I request reimbursement for the financial support provided during the specified period.
- Any additional relief the court deems just and equitable.
DATED AT [City] THIS [Day] OF [Month], [Year].
____________________________
[Your Full Name]
Applicant/Counter-Claimant
---
Please ensure all statements are correct and adjust the template for accuracy. Consulting with a legal professional would be advantageous to ensure compliance with legal procedures.
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