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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 11-13-2016, 07:16 PM
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Originally Posted by trinton View Post
Was the 2010 order a final or interim order ? What custody terms did it grant and in what court.

What was the final 2012 order? Just custody and access?

I'm having a hard time understanding why there would be two different orders from different courts regarding custody and access


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I don't see final or interim written on it. I just recently ordered another certified true copy (different province). Don't think I have all pages on copy. It was only for child support and section 7. No custody. Custody came later in a separate one in 2012 (supreme court in ontario) and that one is final (checked mark on it).

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  #12 (permalink)  
Old 11-13-2016, 08:44 PM
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Originally Posted by truetoyourself View Post
I don't see final or interim written on it. I just recently ordered another certified true copy (different province). Don't think I have all pages on copy. It was only for child support and section 7. No custody. Custody came later in a separate one in 2012 (supreme court in ontario) and that one is final (checked mark on it).

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You need to find out what that original order is for. How could there be an order for child support if we don't know who has custody? It is to my understanding that one parent has to have custody before being eligible for child support.

What does the supreme order say about child support ?




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Old 11-13-2016, 09:23 PM
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Originally Posted by trinton View Post
You need to find out what that original order is for. How could there be an order for child support if we don't know who has custody? It is to my understanding that one parent has to have custody before being eligible for child support.

What does the supreme order say about child support ?




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So in 2010 he left us. Moved away and nowhere to be found. That order only spoke of child support and section 7 with start date and how much.

In 2012, I filed for sole custody and 4 other things.

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Old 11-13-2016, 09:59 PM
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Originally Posted by truetoyourself View Post
So in 2010 he left us. Moved away and nowhere to be found. That order only spoke of child support and section 7 with start date and how much.

In 2012, I filed for sole custody and 4 other things.

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What was discussed about the 2010 order in the 2012 proceeding?


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Old 11-13-2016, 10:08 PM
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What was discussed about the 2010 order in the 2012 proceeding?


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Absolutely nothing. It was a one pager with the 5 things I wanted. 1-sole custody 2- no need for biological father's signature for passport app. 3-legal name change of child 4-arranged visit's when he was in town and 5- that I he was to provide me with a letter when I traveled. That's it.

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Old 11-13-2016, 11:21 PM
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How could there be an order for child support if we don't know who has custody? It is to my understanding that one parent has to have custody before being eligible for child support.
Just an interruption to clarify this part for you.

Custody and child support are not related.

Custody is about decision-making. If joint, both parents have to discuss and agree on anything major about things that affect the child in a big way, such as health, education and religion. If sole, only one parent makes these decisions.

Child support depends on the access each parent has to the child. Access can be primary, which means one parent has over 60% of the child's time, and shared, which means both parents have between 40% and 60% of the child's time.

If custody is being fought over in court, it can take years to determine.

Access is known right from the start because the child has to be somewhere. So orders for child support are usually done rapidly, so the child can have their needs met.
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Old 11-14-2016, 09:45 AM
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Triton maybe you should resolve your issues before trying to help others.
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Old 11-14-2016, 05:32 PM
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Originally Posted by Rioe View Post
Just an interruption to clarify this part for you.

Custody and child support are not related.

Custody is about decision-making. If joint, both parents have to discuss and agree on anything major about things that affect the child in a big way, such as health, education and religion. If sole, only one parent makes these decisions.

Child support depends on the access each parent has to the child. Access can be primary, which means one parent has over 60% of the child's time, and shared, which means both parents have between 40% and 60% of the child's time.

If custody is being fought over in court, it can take years to determine.

Access is known right from the start because the child has to be somewhere. So orders for child support are usually done rapidly, so the child can have their needs met.
It won't be a final child support order - only an interim order.

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It is only once custody has been determined that a final determination can be made about the quantum of child support and any retroactivity issues that may arise.

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  #19 (permalink)  
Old 11-14-2016, 07:52 PM
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I know this is an unpopular answer here, but you really need a lawyer in this case.

I doubt you're asking the right questions and you don't seem to have a great grasp on your own case. A lawyer can review the documents and tell you what is final, what is interim, and what you can to do set it aside (or 'nullify' it, in your words).
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Old 11-14-2016, 07:57 PM
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I know this is an unpopular answer here, but you really need a lawyer in this case.

I doubt you're asking the right questions and you don't seem to have a great grasp on your own case. A lawyer can review the documents and tell you what is final, what is interim, and what you can to do set it aside (or 'nullify' it, in your words).
I think people are confused. I'm not. I don't want to nullify it. I am being told that it is. I am trying to find out if that is possible. I already have an appointment with a lawyer but I was advised to try this forum and see if I could get any answers. Trying to avoid costs because every penny of mine is allocated on a bi-weekly basis trying to make ends meet.

I know my case with my eyes closed. It must just be in the communication of this forum. It is difficult when you can't give specifics for fear that the other party or someone they know is also on here.

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