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Old 02-02-2017, 10:46 PM
trinton trinton is offline
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past

Originally Posted by Janus View Post
Trinton, sometimes I feel like you are randomly spouting words.

They won't punish a parent for not seeking CS by denying further CS or denying a divorce. It doesn't make any sense.

"You didn't seek CS, which hurt the child, so we are going to deny further CS to the child. We are also going to deny the divorce, to help the child"

Where do you come up with this stuff?
I never said they were not going to order ongoing support. My comment was regarding the retroactive award she is seeking.

But now that you brought it up, If the father turns out to be on welfare, then I highly doubt much ongoing CS will be ordered. If he has a job, then yes it will be as per table amount.

If you have final order then yes you may get the divorce if proper measures are in place for child support. He doesn't even need to be there. In my case it was like that anyway, filed affidavit in support of divorce with final order attached and divorce was ordered.

But how can one possibly argue a divorce order to marry a new husband before ensuring proper child support is being paid? Is the new marriage more important than putting correct child support in place?

BTW, here is case law on current child support being paid requirement to grant a divorce

[9] I have no evidence before me that would allow me, having regard to the Federal Child Support Guidelines, to assess the reasonableness of arrangements for child support. I have no evidence of the parties’ current income. I have no evidence before me of arrangements made for the support of the child (assuming there is only one child of the marriage). I have no evidence before me of whether child support is being paid at a level commensurate with the payor parent’s income or at all.

[10] In the circumstances, I must dismiss the Plaintiff’s application, and stay the granting of a divorce until reasonable arrangements are made for the support of the child or children of the marriage or until the Court is satisfied that the spouses cannot, by reason of attendance circumstances, make any such arrangements such that this falls within the limited class of circumstances where a divorce may nonetheless be granted. (Savoia at para 32; Dumas v Dumas (1992), 1992 CanLII 6281 (AB QB), 43 RFL (3d) 260 (ABQB).)

CHild support should be being paid before divorce is granted it. But if you don't wish to bring that issue to the judge and say that the current child support is being paid, then you are saying "judge, I'm not being paid child support, but I'm saying I am being paid because I want to marry my new husband". Marrying my new husband is more important to me then ensuring the father is paying his child support. I have money to have a wedding but no money to enforce child support.

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Last edited by trinton; 02-02-2017 at 11:13 PM.
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