court this Friday

[madm82]

Lucky me I hate court. Anyhow, further to my previous thread titled advice puh-lease, my ex is taking me to court. I received all the materials, and have gone over them, but I am just kind of stumped as of how to respond. He has not paid support in six months and wants to get all support payments stopped. He also wants all the back support payments that have accumulated over the last six months to be erased, because he has been off of work. All the doctor's reports that he has sent with his affidavit state that they have found NOTHING WRONG WITH HIM! But the ex is still insisting that his family doctor says he should not return to work. Umm.... he says he has not received any money from anywhere, although he does not state whether or not he tried to get any. His work benefits cover long and short term disability, but apparently he is not receiving any. Is he not supposed to receive them if his family physician says he shouldn't be working? I don't know. All I know, is I don't know how to take a stance on this. All I know, is whether I am working, sick, debilitated w/e, I still have the responsibilities of making sure my kids are financially taken care of (as well as emotionally and physically). I can't just say, hey let's forget about it for a while, so why should he be able to? I do rely on a portion of his payments monthly (sadly, but that is the way it is) and am so beyond repairable in debt now, but I don't get to just go to court and ask all is forgiven. I guess I am kind of ranting (sorry). Anyhow, how do I respond to this??? I don't think he should be forgiven his arrears, and I don't think that he should be able to just stop paying (even though he claims no income right now), because, I don't get to do that. And also, all the other doctor's that have looked at him say he is FINE.

[NBDad]

So you go to court, and basically tell the judge exactly what you told us.

"Your honor....if he were legitimately unable to work, my understanding is that he would be in receipt of benefits, either long or short term from his place of employment, OR would be in the process of receiving disability from the government. I have not been provided any documentation that states he is either receiving, or actively pursuing these avenues, and as such cannot make an informed decision to negotiate with him on any requested reductions.

In addition, as shown by the applicant's own affidavit evidence, there exists NO MEDICAL reason for him not to be working.

Given there is no legitimate medical basis for his willful unemployment, and also given he is therefore capable of working and earning an income, I would request that the applicant's motion be dismissed, that the existing amount of support owed, as well as the arrears be upheld."

[iceberg]

What kind of support are you talking about? Whats the number on his notice of assessment? It is easy to find out if he is on EI, disability or if he has an illness. A simple doctor's letter stating (mr. ex husband has a chronic pain and is unable to work). Then you will ask why isn't he on social assistance or something, he could say he is on family support.

As a parent, he should find ways to support his kids regardless of custody arrangement. If you are after him for SS it could go either way in the court.

[madm82]

NBDad- your advice is priceless, thank you so very much for all of your help

Iceberg: It is for CS. The notice of assessment that he filed is from 2009, so it would not tell me anything as of current. What is 'family support'?