Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #21 (permalink)  
Old 02-27-2014, 11:41 AM
Senior Member
 
Join Date: Sep 2012
Posts: 1,702
DowntroddenDad will become famous soon enough
Default

Quote:
Originally Posted by MS Mom View Post
Money was brought into the story by mom because DAD ISN'T PAYING WHAT HE IS ORDERED TO.
And there are legal remedies for non payment. And those remedies should be persued, independantly of whether or not the child sees the father.

In a case like this I would see a case for a ramp up. Perhaps 6 months of 33% (so no change in CS). Then if everyone is ok, if the father has had exercised access, and the child is ok with it, then move to 50/50.

Could the fact the father moved (for work?) be part of the issue as to why he hasn't exercised access?
Reply With Quote
  #22 (permalink)  
Old 02-27-2014, 11:46 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,844
arabian will become famous soon enough
Default

I hope your daughter's feelings will be considered.

If your daughter brings up her disgust at having to listen to her father's rutting perhaps suggest she uses earbuds and listen to her music.

I'd let the ex's hard earned money go to lawyers. When you get your chance to show how he isn't paying what he ought to, he will look pretty stupid.
Reply With Quote
  #23 (permalink)  
Old 02-27-2014, 11:49 AM
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Quote:
Originally Posted by DowntroddenDad View Post
And there are legal remedies for non payment. And those remedies should be persued, independantly of whether or not the child sees the father.

In a case like this I would see a case for a ramp up. Perhaps 6 months of 33% (so no change in CS). Then if everyone is ok, if the father has had exercised access, and the child is ok with it, then move to 50/50.

Could the fact the father moved (for work?) be part of the issue as to why he hasn't exercised access?
And we know that these rememdies haven't already been pursued to no avail?? Like going back to court - again - to make another agreement - again - that won't be followed - again - and won't be enforced by FRO - again.

You know what they say about doing the same thing over and over again and expecting different results??

The opinion that court will solve the financial issues is hillarious. How about he just pay since he's such an involved, enthusiastic father that wants the best for thier child?
Reply With Quote
  #24 (permalink)  
Old 02-27-2014, 12:48 PM
Senior Member
 
Join Date: Aug 2011
Posts: 138
Toutou is on a distinguished road
Default

If I understood correctly, it is not that he is not paying, he is a month behind. not an excuse, but not really a bad case of a father that doesn't want to pay CS.

Also, I don't think that OP said that her ex missed access, but that they did not have any regular thing schedule because of his work, so he would let her know when he is in town to see her daughter.

Also, if the daughter spends more time at her dad's she will be less resentful. She probably misses him, and since she doesn't spend enough time with him, every minute she has to share him with someone else is painful. But that is the reality, his future wife is not just going to move out every time the daughter comes to visit. It does not mean that the father is a bad parent. Maybe that is the reason why he wants 50%-50% access.
Reply With Quote
  #25 (permalink)  
Old 02-27-2014, 06:00 PM
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Toutou:

This is the OP's original post.

Ok, so our divorce order stated I have full custody with liberal visits. That has been no issue. Ex works out of town so it worked where my daughter would see him when he came back. However he would never and doesn't ever let me know when he is around, so I cannot plan anything.

The ex hasn't bothered with the child when he was available. This is probably the REAL reason the child doesn't want to go.

I have just been served paperwork that he wants to end the support and custody agreement and take on parenting two weeks out of a month. Cutting off all spousal support and child support.

What does spousal support have to do with 50/50 access schedule? But, he's not motivated by money, right?

And he is wanting to change all support stuff. I get that it is not forever, but he is already not paying me on time. He is always behind a month at a time, and I just cannot get on my feet. I want to arrange an amount, reduce spousal, but he won't negotiate. So I feel that is one of the reasons for wanting my daughter half the time.

I wonder if the reason the ex can now handle 50/50 is because someone else is home when he's away working? Or has his job changed? Hmmm, strange how the motioned change in custody is timed perfectly with the new girlfriend? Coincidence, I doubt it. Obviously, the OP isn't motivated by the money if she has OFFERED negotiate that includes a reduction in spousal support.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Separated 2 years, Should Financial or Support Motions Preceed Custody Agreement? beentaken Divorce & Family Law 5 04-18-2013 03:00 PM
Joint Physical Custody: Smart Solution or Problematic Plan? WorkingDAD Parenting Issues 21 09-17-2012 06:38 AM
50/50 Custody and Child Support ??? tonyvlx Parenting Issues 7 04-12-2012 02:50 PM
Does 50/50 custody mean no CS? Anna Financial Issues 2 01-10-2012 01:15 PM
50/50 Custody April W. Parenting Issues 14 12-04-2005 07:48 PM


All times are GMT -4. The time now is 11:40 PM.