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
  #1 (permalink)  
Old 10-28-2017, 12:02 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default I'm back - with a child support question

Hello everyone,

Long time, etc. I've got a question about making an application for child support.

The background:

1. Divorce order says joint custody, shared parenting, week-about. This functioned until Sept 2016.
2. Since Sept 2016, child has lived with me full-time. This is because in Sept 2016, Dad was taken into psychiatric care following a crisis. he has been in and out of residential and non-residential rehabs, split up with second wife, has impaired driving charges, police have been called at least three times to deal with his behavior while drunk, hasn't worked - pretty much a train wreck. There are no signs that he is recovering, although he sporadically moves in and out of treatment programs. In other words, a more complete change of circumstances from the situation at the time of the divorce would be hard to imagine.
3. Dad has paid no S3 or S7 since Sept 2016. From September 2016 until April 2017, I paid him offset even though the child lived with me full-time. By April, it was clear this situation wasn't going to change any time soon and I stopped the offset. Dad has kept the child's phone on his plan, but other than that, he has literally not contributed a penny towards any of child's expenses.
4. Several times over the past year, we attempted to reintegrate the child into Dad's life by gradually increasing the amount of time he spent with the child - in all attempts, this was derailed by another alcoholic crisis on Dad's part.
5. Following his most recent arrest, the child sees Dad under supervision once or twice a week. The supervisor is either me or someone agreeable to both me and Dad.

So - I have the child full time, this has been the case for over a year, I have no reasonable prospect that Dad will be able to resume functioning as a parent in the near future, and I'd like to start receiving CS, as well as arrears. If Dad does manage an extended period of sobriety, I'd be willing to talk about moving back towards shared parenting.

I have a lawyer, but not a lot of money to spend. So I'm wondering if anyone could point me in the direction of templates for applications and affidavits useful in this situation. I don't necessarily want to reopen the question of joint vs sole custody, as Dad shows no interest in making decisions for the child anyway - I just need a court order which reflects the current situation. I'm in Alberta, if that helps.
Reply With Quote
  #2 (permalink)  
Old 10-28-2017, 12:59 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,228
standing on the sidelines is on a distinguished road
Default

if he hasnt worked then what is he living on? If he isnt making anything then how will there be arrears of CS or even collecting CS? Your best bet is to get the offset stopped and maybe not worry about collecting CS till he gets his shit together.

Have you tried talking to Dad first to see if he will willingly sign something reflecting that you have the child full-time and that off set CS stops? If he is willing then it will be cheaper for you and easier then going to court etc.
Reply With Quote
  #3 (permalink)  
Old 10-28-2017, 01:19 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,969
rockscan will become famous soon enough
Default

Youll file a motion to change and request full custody and child support. Your application will outline the changes. Custody changed in September 2016 due to health and addiction issues. You are seeking full custody and child support. I believe it is a 14b form.
Reply With Quote
  #4 (permalink)  
Old 10-28-2017, 03:39 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,918
arabian will become famous soon enough
Default

Hi Stripes!

You would make a Special Chambers Application. Here is the link which will point you to the right direction wrt forms: https://albertacourts.ca/court-of-queens-bench/family

You can call the number there and the clerks will assist you.
Reply With Quote
  #5 (permalink)  
Old 10-28-2017, 07:04 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

Thanks everyone! At this point I don't want to contest custody (because Dad is capable of taking part in making reasonable decisions when he's sober), but I do need the financial piece. Dad is on long-term disability which means he receives 75% of his regular salary. However, he's also drowning in credit-card debt and has no assets to speak of. I've tried working with him directly to arrange child support, and his response is that he won't pay because "any day now" we're going to transition back to 50/50 - just as soon as he finishes his most recent rehab/beats the rap on his DUI/concludes his divorce from ex-wife #2. But none of this ever happens, and it's been more than a year now. This is typical addict thinking - I'll do it just as soon as ...

He's got really no incentive to change, because his situation now is pretty sweet for an addict: he can drink at will because he doesn't have to show up at work or care for a child, he gets his daughter delivered to him for a couple of hours a week during which they can play games and he can be SuperDad, then she's conveniently whisked off so he can get back to drinking, and he doesn't have to do any of the work of parenting or make any financial contributions. A Notice to Disclose is probably the only way to get him to take this seriously.

If he really gets his act together - "ongoing demonstrated sobriety" - then I would be glad to transition back to an offset situation. But right now, I need the money. At his income level, child support backdated to last September would be around $10-$12K, and then around $900/month going forward.
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
2 support payers for one child? Teddie Financial Issues 24 09-23-2015 09:54 AM
Separation Agreement help please... Ymuwyhl Divorce & Family Law 14 02-05-2014 12:45 PM
child support while child is in university verytiredmother Divorce & Family Law 43 01-13-2013 04:02 AM
Child Support: Guidelines vs "I Want Money!" #1StepMom Divorce & Family Law 25 12-22-2009 12:50 PM
Back Child Support myminpins Divorce & Family Law 7 12-10-2009 11:24 PM


All times are GMT -4. The time now is 03:24 PM.