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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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Old 11-20-2007, 01:18 PM
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Default Divorce and claiming child support

Is it a good idea to claim child support at the same time as doing a divorce? My partner's ex is not paying the correct offset table amounts (in a shared custody) and has been very uncooperative to provide financial information. Last year, my partner initiated actions against her ex to get some child support, however he managed to drag his feet for so long that she couldn't afford it (the lawyer fees) any longer, so she settled for a lower than offset amount. Now that the ex has a full time job, she wants to get the correct amount but we're afraid the lawyer costs are going to outweigh the benefit. I'm wondering if she simply checks the box on the divorce application for claiming table amounts, can she represent herself? How difficult would it be to obtain proper offset amounts as part of the divorce?

Most lawyers we talked to are very vague on what she can expect (both for how long it would take and how much it would cost). I thought child support was law and given the tables it would be a relatively simple process to get him to pay...
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Old 11-21-2007, 09:10 PM
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Default Child Support & Divorce

There is no need for a lawyer at all. If you already have a final decree then the divorce portion is over & done with. The CS portion though is not to make your other half richer......it is a childs "birth right" as I have been told by a judge......you cannot change it or lower it even if you wanted to.......the following website will provide you with all forms you will need to proceed
http://www.ontariocourtforms.on.ca/e...mily/index.jsp

if you have a final decree or custody order in place then file under that court number then it wont cost you a cent.......

I went through a sole custody suit self represented and won my case.......I did it with insurmountable patience and the valuable information from this site........
No decree= then you have plenty of room to vary everything.......if it is straight forward divorce (non contested) then complete the divorce portion and once completed (90 days) start the custody or support order portion......attach to same order from the court though then you dont have to pay anything........it will get harder (Im not here to blow you skirt up)......and yu will get frustrated however think of the potential outcome......the children.......I have said it before.......I would go through that 8 months of hell again for my child and wouldnt think twice about it.......
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