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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 04-08-2014, 04:15 PM
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Its not a matter of if he is employed. He is employed. I want an order for cs. I plan on registering with FRO. If he pays thats awesome as it will certainly benefit my daughter. If he does not then he is blocked from re entering Canada. He absolutely should be paying cs, that is the very least he can do for her.
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  #12 (permalink)  
Old 04-08-2014, 04:17 PM
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Originally Posted by takeontheworld View Post
Its not a matter of if he is employed. He is employed. I want an order for cs. I plan on registering with FRO. If he pays thats awesome as it will certainly benefit my daughter. If he does not then he is blocked from re entering Canada. He absolutely should be paying cs, that is the very least he can do for her.
Again, what evidence do you have to prove this that's not hearsay?
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Old 04-08-2014, 04:23 PM
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Originally Posted by FB_ View Post
Again, what evidence do you have to prove this that's not hearsay?
If you dont mind...I will keep that to myself. If you cant take the time to read the thread and what ive said than I really cant be bothered to announce again to the world and possibly him tge exact evidence that I do have.

Given the fact that I left him with my daughter in tow without having a job 6 years ago without a penny of his and managed to take care of us and get this far in the court system...it suffices to say I know the difference between hearsay and evidence.
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Old 04-08-2014, 04:42 PM
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Takeontheworld, I understand your frustration in seeking an answer . It is not a matter of if you understand the difference between hearsay and evidence. What matters is the actual evidence. There are done pretty experienced and knowledgeable members that are willing to help. There is a reason why "FB" is asking what evidence. Answers can change depending on the evidence you have.


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Old 04-08-2014, 04:47 PM
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I'm not saying he shouldn't be paying CS. Of course he should. But he's already clearly demonstrated he will do whatever is necessary to avoid it. So you should be weighing the costs of ignoring your settlement and going to trial vs the slim chance of getting the CS.

To me, it looks like your choices are between

A) sticking with what you have now and getting no order for CS, but being able to relax, and having the chance that he will pay something voluntarily, and maintain a relationship with the child by visiting Canada occasionally.

and

B) fighting for years more to maybe get an order for CS that he will not pay voluntarily and FRO cannot enforce. He will likely resent you, ignore and avoid the child, and never visit Canada.

Either way, you never see any CS money, but choice B prolongs your suffering and also hampers the father/child relationship.

Also, can FRO block him from entering Canada? I think they only have power over his passport, but that wouldn't stop him from travelling on his new country's passport, would it?
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Old 04-08-2014, 04:50 PM
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Originally Posted by takeontheworld View Post
If you dont mind...I will keep that to myself. If you cant take the time to read the thread and what ive said than I really cant be bothered to announce again to the world and possibly him tge exact evidence that I do have.

Given the fact that I left him with my daughter in tow without having a job 6 years ago without a penny of his and managed to take care of us and get this far in the court system...it suffices to say I know the difference between hearsay and evidence.
Well since you have actual evidence that he is employed you have to ask yourself if he's going to willingly pay it to you from a country that won't enforce it.

I'm guessing he won't so why waste your time.
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Old 04-08-2014, 04:51 PM
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Originally Posted by takeontheworld View Post
If you dont mind...I will keep that to myself. If you cant take the time to read the thread and what ive said than I really cant be bothered to announce again to the world and possibly him tge exact evidence that I do have.

Given the fact that I left him with my daughter in tow without having a job 6 years ago without a penny of his and managed to take care of us and get this far in the court system...it suffices to say I know the difference between hearsay and evidence.
Forgive me, but being able to support your child in dire circustances speaks much to your charecter, but has absolutley nothing to do with knowing the rules of evidence in a court room.

You can point to a thousand pieces of circumstantial evidence (nice clothes, nice house, fancy cars, exotic vacations) but none of that proves that he is employed. A letter from his employer, a tax return that demonstrates an income, a loan application, these are all things that can be used. But even if he tells you flat out that he is employed and there are no witnesses to that testimony, it is difficult to prove if he recants under oath.
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Old 04-08-2014, 04:55 PM
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Originally Posted by OntarioDaddyMan View Post
Takeontheworld, I understand your frustration in seeking an answer . It is not a matter of if you understand the difference between hearsay and evidence. What matters is the actual evidence. There are done pretty experienced and knowledgeable members that are willing to help. There is a reason why "FB" is asking what evidence. Answers can change depending on the evidence you have.


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I found a press release which states their new head of blah blah is my blah blah ex....along with his picture.

I have a copy of list of attendants at a conference that he attended along with who he was representing.

I have an email he sent in which he states he is working.

I found his linked in profile which also states same.

We have been before a judge and all the while he denies and lies about everything. Denied being employed, denied being a polygamist, denied having 2 other children.

Lies that he sends money every month via Western Union so I obtained a letter from Western Union stating that no funds have come to me.
Lies that calls our daughter all the time but can produce no record of it. I cant prove that he does not call due to the simple fact that phone companies do not provide that without a court order which according to the policy is pretty much impossible to get but thats ok because that burden of proof is on him.

As I stated I did not get this far by not knowing tge difference between evidence and hearsay.
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Old 04-08-2014, 04:58 PM
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Quoting Downtroddendad "You can point to a thousand pieces of circumstantial evidence (nice clothes, nice house, fancy cars, exotic vacations) but none of that proves that he is employed. A letter from his employer, a tax return that demonstrates an income, a loan application, these are all things that can be used. But even if he tells you flat out that he is employed and there are no witnesses to that testimony, it is difficult to prove if he recants under oath."


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  #20 (permalink)  
Old 04-08-2014, 04:59 PM
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Quote:
Originally Posted by Rioe View Post
I'm not saying he shouldn't be paying CS. Of course he should. But he's already clearly demonstrated he will do whatever is necessary to avoid it. So you should be weighing the costs of ignoring your settlement and going to trial vs the slim chance of getting the CS.

To me, it looks like your choices are between

A) sticking with what you have now and getting no order for CS, but being able to relax, and having the chance that he will pay something voluntarily, and maintain a relationship with the child by visiting Canada occasionally.

and

B) fighting for years more to maybe get an order for CS that he will not pay voluntarily and FRO cannot enforce. He will likely resent you, ignore and avoid the child, and never visit Canada.

Either way, you never see any CS money, but choice B prolongs your suffering and also hampers the father/child relationship.

Also, can FRO block him from entering Canada? I think they only have power over his passport, but that wouldn't stop him from travelling on his new country's passport, would it?
He has no other passport but Canadian as he is technically a refugee.

His Canadian passport is extremely important. He has voluntarily stopped seeing our daughter and he gave me sole support. He and he alone has removed himself from her life.
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