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.

Closed Thread
 
LinkBack Thread Tools
  #11 (permalink)  
Old 09-27-2012, 09:53 PM
Senior Member
 
Join Date: Sep 2012
Posts: 363
Unevenplayingground is on a distinguished road
Default

Quote:
Originally Posted by murphyslaw View Post
Why exactly did you have more kids?You knew how much support the father paid!You deliberately had two more expenses added to the equation -how do you expect a rational person to view this?Many people don't have kids at all because they cant afford it-you instead don't care about the economics but just keep popping them out!
You know, maybe in your glass house, up on top of the hill everything is perfect.

OUR SITUATION CHANGED AFTER WE HAD OUR TWO BABIES, it was out of our control. My god some of the people on this site are so ignorant.

Also, when you speak so crudely about me popping out my children, just remember, they are my babies you are talking about. They are human beings, show some respect. Go change all your cats litter.

Last edited by Unevenplayingground; 09-27-2012 at 10:20 PM. Reason: Forgot to add part of my response.
  #12 (permalink)  
Old 09-27-2012, 09:54 PM
Senior Member
 
Join Date: Sep 2012
Posts: 363
Unevenplayingground is on a distinguished road
Default

Quote:
Originally Posted by firhill View Post
I think the gym membership might be considered an S7 expense, so I don't think you should be paying the 100%.




Maybe I misunderstood your other post on CS, but you receive more in CS payments for your two kids than you pay for your husband's one kid, so that would likely hurt rather than support the undue hardship angle.

Hi,

No, I actually receive a lot less for my two kids. And I agree about the gym membership should be pro-rata.
  #13 (permalink)  
Old 09-27-2012, 10:08 PM
Senior Member
 
Join Date: Sep 2012
Posts: 363
Unevenplayingground is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
1. You were able to pay $11,000 for a custody and access dispute. Costs were clearly not awarded in your favour regarding the action as you would not be here complaining about "costs".

2. If you just got out of a custody and access issue why is child support not part of the order? Was the custody battle over your husband's children or your children?

3. The only person who can determine if undue hardship is an issue is a judge. Not sure what "test" you passed. You would have to file a motion on a change in circumstance.

4. With having gone to court recently to bring forward an undue hardship claim would be incredibly hard to justify as a "change in circumstance".

5. You would be better off dealing with the financial challenges by retaining a financial consultant rather than trying to file undue hardship against the other parent. What you are describing sounds like the other parent is on social assistance? If so, they qualify for Legal Aid and if you bring forward a material change in circumstance they can get a lawyer to defend against the action you take.

6. What is the combined income of you and your husband? You file undue hardship and both of your salaries will be considered as part of the "household income" as well as the other house hold. You already have an uphill battle proving the other parent has another partner supporting them.

7. The outcome of the last appearance that cost you 11,000 doesn't sound like it went well and you had a lawyer. Why would you think your undue hardship claim would be even easier to file?

Good Luck!
Tayken
I was really hoping people would talk to me like they would if we were in person, i'm really sad at how rude people can be sitting behind a screen, anyway, this is the response to your questions.

1. Of course we didn't have the $11,000, but the bank did, and they like the interest it is collecting.

2. The cs was part of it, but at the time we did not qualify for undue hardship, our circumstances drastically changed. It was custody for his son.

3. Sorry, two part "step" Step 8: dealing with undue hardship - The Federal Child Support Guidelines: Step-by-Step

Basically, we qualify, but will it even matter is more what I am curious about.

4. Our idiot lawyer told us we had to do it this way. We have since let her go.

5. We don't need a financial consultant, our only debt is the legal fees. Our issues are, we have lost about $2,000 in our monthly income since this all happened. We have tried, you can't get blood from a stone. His ex did not legally qualify, she lied and said her bf did not live with her, but he did. She committed fraud with legal aid/social assistance/EI and issuance.

6. I'm not sure why you asked what my and my husband's income is?? You would actually need our income and their income, with our undue hardship details to even begin to be able to comment on this. We do have proof that her bf is living there at this time though.

7. We did have a lawyer, who unfortunately did more work for his ex. We tried to hire a new lawyer, I literally called every lawyer in that small town. There was a big court blitz going on, and nobody was taking on new cases until the blitz was over. It was absolutely crazy. Our lawyer was a wonderful person to talk to, but having to pay her for her so called "work" was horrible. This entire system is shameful. I see why bad things happen to children after this experience. And there is nothing we can do to help his son now.
  #14 (permalink)  
Old 09-27-2012, 10:12 PM
Senior Member
 
Join Date: Sep 2012
Posts: 363
Unevenplayingground is on a distinguished road
Default

Quote:
Originally Posted by murphyslaw View Post
Her boyfriend is in no way responsible for taking care of your husbands kid-you do realise this?

Oh and you are very wrong on this statement. You do realize that the minute his ex breaks up with her bf, she can go after cs from him, in ADDITION, to the support the child's father pays? Look it up. It isn't right but happens all the time.

And you obviously don't realize, but when it comes to undue hardship, ALL household income is considered, mine as well.
  #15 (permalink)  
Old 09-27-2012, 10:13 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,041
Berner_Faith will become famous soon enough
Default

A better way would be to look at your financial situation and see how you can cut back. A claim for hardship is extremely hard and all incomes will be taken into account, including the CS payments you are receiving... things would be a lot easier to comment on, if you posted approximate numbers.

I understand things change, but before your husband tries to shrink his responsibilities, you need to ensure you have done all you can to cut your expenses... do you have cable? Do you require cable? Do you have a home phone? Could you live with just a cell phone? Are you spending a lot on extras during the month? Have you actually sat down and wrote out a detailed budget?

I did this just 3 weeks ago and I was SHOCKED at what we were spending in a month. Go to Google and type in "You Need a Budget" a great program you can download to help you work out a detailed and accurate budget.

Please know, if you are looking for accurate advice, where people are not jumping to conclusions, you must provide accurate information, if you don't, you look like a new partner trying to reduce your husband's CS obligations to his first priority.
  #16 (permalink)  
Old 09-27-2012, 10:16 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,041
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by Unevenplayingground View Post
Oh and you are very wrong on this statement. You do realize that the minute his ex breaks up with her bf, she can go after cs from him, in ADDITION, to the support the child's father pays? Look it up. It isn't right but happens all the time.
Not entirely true...she would have to show that the child has a strong tie to the bf and that he stepped up and took on the father role to the child... just because they have been together for a while, doesn't mean she can automatically go after him for support...she has to PROVE he was a father to that child.
  #17 (permalink)  
Old 09-27-2012, 10:24 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

Yeah I'm a real money grabber.

Honey from the sounds of it you couldn't get a nickel or a dime out of your ex even if you tried.

You really know how to pick em don't you?

Breeder.
  #18 (permalink)  
Old 09-27-2012, 10:32 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

"Undue Hardship" ??????

two words:

b i r t h c o n t r o l
  #19 (permalink)  
Old 09-27-2012, 10:33 PM
Senior Member
 
Join Date: Sep 2012
Posts: 363
Unevenplayingground is on a distinguished road
Default

Quote:
Originally Posted by Berner_Faith View Post
A better way would be to look at your financial situation and see how you can cut back. A claim for hardship is extremely hard and all incomes will be taken into account, including the CS payments you are receiving... things would be a lot easier to comment on, if you posted approximate numbers.

I understand things change, but before your husband tries to shrink his responsibilities, you need to ensure you have done all you can to cut your expenses... do you have cable? Do you require cable? Do you have a home phone? Could you live with just a cell phone? Are you spending a lot on extras during the month? Have you actually sat down and wrote out a detailed budget?

I did this just 3 weeks ago and I was SHOCKED at what we were spending in a month. Go to Google and type in "You Need a Budget" a great program you can download to help you work out a detailed and accurate budget.

Please know, if you are looking for accurate advice, where people are not jumping to conclusions, you must provide accurate information, if you don't, you look like a new partner trying to reduce your husband's CS obligations to his first priority.

Hi,

Thank you for your response.

I would hope that people would try and keep an open mind and understand that not every person is sleazy.

I personally feel the child support guidelines are out of whack.

I can tell you, that my husband is not "shrinking" his responsibilities. If you compare what he pays in cs, compared to what we spend on our children here, it doesn't even compare. We could not afford to pay out that much money on each child.
I have never posted to anything like this, so I wish I had of included more detail. I just didn't even know where to start.

I am uncomfortable with putting my income online, but I can tell you that I did the undue hardship calculation (I actually had my lawyer do it up last May as well). Basically you end up with a percentage, our percentage was drastically lower than his ex's. Which shows that our standard of living is much lower than his ex's. That is really all anybody needed to know.

Trust me, I have cut back, I shop for food later at night after they mark stuff down half price, we clip coupons, and our house rule is buy on sale, and only if it is a "need". I have four kids living here, cutting cable or internet isn't really an option. My two kids need a home phone with long distance so they can call their father and family back home. We never go out, never. I don't buy clothes for myself, my kids come first. Cutback should have been my middle name.
  #20 (permalink)  
Old 09-27-2012, 10:34 PM
Senior Member
 
Join Date: Sep 2012
Posts: 363
Unevenplayingground is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
"Undue Hardship" ??????

two words:

b i r t h c o n t r o l
Your husband left you for another (younger) woman, am I right?
Closed Thread


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
Ex is claiming Undue Hardship... representingself Financial Issues 32 10-24-2012 02:43 AM
section 10 Undue Hardship IAMTheWiser General Chat 3 01-26-2012 11:29 PM
Undue Hardship MommaMouse Divorce & Family Law 6 08-26-2011 05:54 PM
Undue hardship in 50/50 custody! What do I do... Brianfox Financial Issues 27 12-03-2010 05:12 PM
Undue Hardship hubby Financial Issues 3 01-26-2006 12:57 PM


All times are GMT -4. The time now is 06:50 AM.