Need some advice

[newcomer]

I have been reading the forum for a while. This is my first posting. I need some advice for the following problems:

1. How to enforce the sale of property for the purpose of division of family property?

The main asset in our family property is an apartment in other country. (We are immigrant) which is jointly owned by my ex-husband and me. According to our order, the property is supposed to be sold with the proceeds of the sale to be divided 50/50. Until now, my ex blocked all my efforts to sell the property - he has denied my agent access to show the property to prospective purchasers and he is demanding a price far in excess of the property's market value. In the meantime, he has had exclusive use of the property, including renting it out. Because of his refusal to cooperate, I've received virtually no division of property. How can I force my ex either to sell the house or pay equalizing payment for my share?? Do I need to get another order containing specific provisions that would compel him to go through with the sale deadlines, penalties in lieu of sale, etc? Beside, he has build up a big house last year which worth over half million and they moved in current year.


2. How to correct the problems relating to custody and access of our children?

My divorce order provides that my ex-husband and I shall have joint custody of our two children, with the children residing with each parent, alternating weekly. My husband does out of the country on business for 3 months each year. So, for the past years, the children have actually resided with me for at least 60% of year. Despite this, my ex has denied me access to the children's important documents birth certificates, SIN cards, Children’s OHIP cards).?He refuses to provide their OHIP cards when they residing with me even when he is out of the country for months at a time. He change address on the OHIP cards three times without informs me. The children's doctor called me couple of times to informs me that the OHIP numbers I have for the children are no longer valid ( he only provides me paper copy of children's OHIP cards ) and I can't get replacement or duplicate OHIP cards because I don’t have children’s identification. Currently he moved to QC (Gatineau), his lawyer inform me that I can get Ontario OHIP for children by myself, and he will get QC health card for children. But I was told by health department that we cannot do that. What should I do now? Despite a provision in the order regarding communication concerning the children, my ex has consistently refused to communicate with me, to the extent of withholding medical information about the children from me. Given that the children spend the majority of time with me, isn't there some way to break his total control over everything concerning the children?

3. How to get miscellaneous breaches of a family court order enforced?

The support and custody order between me and my ex-husband has a number of provisions that he simply ignores. Because he denied me access to our children's important documents (birth certificates, SIN cards, OHIP cards), our order required him to surrender the documents to me. He never did and he still refuses to give me access to them. He is supposed to pay an extra $100 child support for each month that he is out of the country. Although he has been out of the country for three months up to five months each year for the past 5 years, he has refused to pay the extra money in current 3 years. He was ordered to maintain private health and dental insurance policies for the children, but he refuses to provide the policy numbers. So, I have to pay for all dental services and prescriptions when the children are residing with me. He is supposed to pay all day care costs for the children, but he has refused to pay for after-school care for the weeks when the children are with me

4. How to adjust the child support to current table amount based on his actual income? Should he also pay me the areas in the past year?

On the year when we sign the agreement, he did not provide financial statement of his business (he owns a company ) . He gives estimation of his income which was $35,000 lower than his actual income. I find it by the income tax return that he provided to me later. But the child support was based on his estimated income. Also after the order, his income has changed each year. But the child support never been changed. Should he pay me the difference retroactively?

What are my legal rights? Please give advice ….

Thank you

[newcomer]

Can anyone helps?

[Lindsay]

Hi newcomer,

Since there is already an order in place, you must go back to court to enforce it.

Re child support, I'm not sure if you can ask for retroactive support from some point before the court order. You can definitely, however, ask for retroactive support from the date of the order if the father's income has changed. If you have not already done so, you should at the very least arrange for the current court order to be enforced by the FRO.

Proceedings that involve a support payor that owns his/her own business can get pretty difficult. I suggest you do speak with a lawyer who has experience with dealing with self-employed support payors.

Lindsay

[newcomer]

Thanks for your reply.

I plan to go to court to enforce the previous order. While the order stipulates adjustments to the support amounts based on income, the FRO requires that the court determine the exact amounts before they can enforce it.

I am now preparing the documents for the court. I intend to represent myself in court.

In filling out the 'case conference brief' (form 17A) i have put the details of the issues and what I am asking for. The court also provided me a 'affidavid' (form 14A). I'm not sure how much i should repeat of the same information from 17A? Can you clarify what type of fact information should be on the main body of the affidavid form? Should it list the breaches of the order?