[logicalvelocity]

continued from last post



http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK34

Obligation of parent to support child

31(1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.

“STBX cancelled the life insurance policy maintaining both of our policies. It was court ordered that he was to maintain this policy.”

He may be in contempt, but you will have to prove willful to be successful on a contempt motion. If he is found to be in contempt of the order, the penalty could be a fine, prison time etc; neither of which he cannot afford. If he is in jail, he cannot collect EI. Ultimately, considering his financial circumstances he may not be able to afford the periodic premium for the life insurance. Did he receive any cash value when the life insurance was collapsed, If so, how much?

“I am requesting that he get life insurance again in his name. With a policy of a minimum of $250,000 – to go equally to the kids on his death.”

That is a reasonable request if he has regular earnings, At this point in time, he may not be able to afford same.

“I would like proof that shows he has got this Life Insurance policy and that he is maintaining it.”

That is another reasonable request along with if at any time the insurance is collapsed you are to be notified within 30 days.

“I want to see proof that he has been looking for work. I have been looking at the papers and the job bank and I can find a number of general labour jobs that he should have been able to apply for with no problems.”

He appears to be some kind of professional considering his previous income and as such, I suspect he is applying for positions, as part of the criteria to collect EI is to be available and actively seeking employment. Regular statements are filed with EI before EI issues a cheque. You could also request information such as where he has applied etc.

“It is my understanding that he is on Unemployment Insurance. I would like to know why he hasn’t tried to get his truck driving licence, or go back to school to get an education.”

Part of the criteria for collecting EI is to be available and actively seeking employment. It is against EI directives to attend school and collect EI. EI has special sponsored courses and training available to a select few individuals. EI sometimes extends benefits to facilitate an individual to upgrade their education but these initiatives are special programs only available to a select few.

“I would like STBX to prove that he has been considering employment in the Western Province. I do not believe this statement at all considering all of his family is in”

It is a known fact that it is booming out in Alberta right now with all the oil sand projects underway. It is a catch 22 situation; there is an abundance of good paying jobs but no place to live. It is not advised to go out there for employment unless you have a place to live in advance.

“I am requesting that if STBX does get employment outside of _____County that the kids DO NOT go with him, DO NOT visit him out there. Any time that he would like to spend with the kids MUST be in ______ County.”

That is an unreasonable position to take unless the children were in harm. As you mentioned your children are older and the law provides that it is the children’s right to have a meaningful relationship with both parents and as such to visit and be visited. I suspect you won’t be successful in that order as the situation has yet to occur.

“Requesting that NO CHANGE be made to the Child and Spousal support agreements/ Court Orders.”

The onus is on your ex to prove a material change of circumstances before any support order will be varied. It is going to be a roll of dice.

“Requesting an even split of STBX RSP’s from last job.”

RSP’s contributions made during the time of the relationship from his last employment would be the only part subject to divisions. Contributions made after separation or before the relationship are not subject to division.

“Requesting that STBX sell his second car (he may only get $500 for this car) and all furnishings that were left to him in the matrimonial home in order to try to pay back the arrears owing. This will also save him the storage fee every month.”

I suspect the court will not force him to sell his personal possessions.

“Requesting that the money from the sale of the house be given to me in full. STBX gambled away all the money in the line of credit as well as having to re-mortgage the house to pay off outstanding gambling debts.”

You will most likely require a financial questioning marathon under oath, by applying rule 20 of the family law rules to prove this on the balance of probabilities.

“Requesting that the arrears owing for Child and Support at FRO at this date, stay . and that STBX MUST pay this money back.”

This is all going to be Dependant on the evidence. One thing is certain, he cannot collect EI forever and as such, at some point in time he will obtain alternate employment and in doing so, and support orders will be Dependant on his new income.

“I want STBX to pay for ALL my lawyer fees that I have not been paid to date. Including this garbage motion that I received.”

For this to occur you will have to be the more successful party and offers to settle would come into consideration in awarding of costs.

Requesting that STBX pay me the amount of money that we have not yet filed for or requested:

“Child Support ($1315.00 a month) from January 2005- to May 12, 2005 = $6575.35 Spousal Support ($750.00 a month) from January – August 2005 = $6750.00”

Generally, courts only order back to the date of application, but as you mentioned you have some sort of order in place already from the court that endorses that you can seek to the date of separation.

“Great West Life Payments (Life Insurance) From January 2005 – August 2006 ($50.81 a month) = $1,016.00”

You may difficulty persuading the court for this. It is hard to say without knowing all the facts.

“In December 2004 (while I was still living in the matrimonial home – STBX agreed to pay me back for the Christmas presents that I spent on the kids that year. The total amount spent for Christmas presents and clothing was $1,989.68. I am requesting that Steven pay me back ½ of this amount = $994.84”

You might have some difficultly to prove this arrangement unless it was done so in writing. It is basically your word against his.

In all, it is a complicated situation and it does appear that he may be working the system. It does appear that he knows the ins and outs. Worst case scenario, the Judge may give him some slack, but not for long. A Judge will not give him a permanent pass from his support obligations. The Judge may have the matter return back in a few weeks. EI only lasts so long and as such, the Judge will want to know what steps he has taken to actively seek employment or even a substitute employment and as such your lawyer should be requesting disclosure before the motion is heard to obtain a complete understanding of his financial situation and his employment situation. When and if he does obtain new employment which I suspect will be very soon as it appears that he has almost exhausted half way through the EI claim period. What is looking bad for him is if he received any lump sums of cash from collapsing the life insurance, what was done with these funds and moreover, what was done with his severance pay etc. To his benefit he has been sharing 50% of his EI benefit with you for the children.

lv