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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 05-09-2014, 09:21 PM
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Why don't you move closer to your children's school? That would save you $500 a month in gas and be much easier on everyone. Unfortunately I don't think you will get any retro CS because you waited too long and agreed to no support. You will get support awarded going forward but don't expect for it to be easy. If you are only working making $11,000, your ex could seek to have an income imputed to at least full time min wage, which is around $23000.

As Tayken pointed out, there are a few flaws in what you are going through. Honestly, I wouldn't be surprised if the ex argued that it is in the best interest of the children to live with him full time and visit you until you can get your life together. Just be prepared for the worst.
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Old 05-09-2014, 10:08 PM
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I cannot move into their neighbourhood as they own a home in a expensive area. Rents there are hundreds more that those in areas outside of the district of their school. My boyfriend owns his own home and I only agreed to move the kids schools in the first place due to the things he stated to me he would do. I could argue that he should have moved into the area that I lived. Why should the world revolve around him?? Im not the one who has a privileged life. I dont have parents that bail me out when im down and out or a business my father owns and come from a wealthy family. I bust my butt off every day all the while making very little money. Just because I financially struggle does not mean my kids should live with their father full time. Im not homeless I dont drink or do drugs im not a person who sits and lives off the system, although I have had my income supplemented by welfare while I worked as I have not been able to find a job that pays enough to support a family of 4 that can work with my schedule of having to pick my kids up from school and drop them off daily and drjvevthem to and from all of their sporting practices and games. It would be discrimination to award full custody to a parent based solely on financial status. I have a college education but in order to find a full time job in my field I would have to move hours away. My only question I have asked was what to do next. I merely explained how I have come to this place so people would have a better understanding of how I came to be in this place. I can no longer have welfare supplement my income and it is unfair of my boyfriend to have to foot the bill for children that arent his and his father does nk ot help out financially when he should be. Overv the years I have tried asking him to help help me out several times abd each time I have been refused from him.
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Old 05-09-2014, 11:41 PM
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I can understand your frustration - none of this seems fair, especially to the kidlets. But as Tayken and others have pointed out, you agreed to things being the way they are. After 7 years of status-quo, it will be very difficult to make changes now.
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Old 05-10-2014, 12:17 AM
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Quote:
Originally Posted by Janibel View Post
I can understand your frustration - none of this seems fair, especially to the kidlets. But as Tayken and others have pointed out, you agreed to things being the way they are. After 7 years of status-quo, it will be very difficult to make changes now.
Every lawyer throughout the years has told me this will be open and shut. I dont want retro payments all I want is him to pay me CS based on the child support guidelines for his income minus what I would pay hom for 2 children based on my Income. He would claim one child for income tax purposes and id claim the other. In addition sharing transportation related costs or shared driving one way each day to get the kids to and from school. Im not asking for anything but fairness. I dont think im asking for too much, this is what lawyers have stated im entitled to. We both had lawyers at the time of our divorce. My lawyer told me I could at any time go for child support if I wanted to. he did say normally joint shared custody didnt work out but it has worked out well for us other then him manipulating me into having the kids switch schools to a school in his district. Where I had the kids in school previous to this arrangement it was midway between our houses so both of us had to drive the same amount on our weeks with them. I know all in life is not fair but I am a firm believer that everything happens for a reason and comes at the time its meant to. The waiting period has just been a very long road. Im getting anxious to get this over with so thibgs can get back to normal
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Old 05-10-2014, 02:47 AM
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Quote:
Originally Posted by Super mom View Post
The waiting period has just been a very long road. Im getting anxious to get this over with so thibgs can get back to normal
Understandable after all this time - your best shot at getting this over with would be to find some inexpensive/free legal advice to get you started. Even a few hours would be money well spent.

Self representing is not for everyone, as it is quite obvious that your ex's intimidation is what got you to agree to a bad deal in the first place.

Search for PRO BONO legal aid in your area, they may be able to offer you some free advice which could make all the difference.

Good luck, I hope things improve.
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Old 05-10-2014, 11:36 PM
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You said that you were turned down by FLIC because your household income is too high - perhaps you are confusing FLIC (Family Law information Centre) with Legal Aid? The former is available to anyone; the latter has an income restriction. I earn well over the Legal Aid cutoff, but FLIC was still extremely helpful to me.

I suggest you write down your questions as simply as possible and call FLIC with them. I have had more success with calling than with walking in. Don't call with too many questions at once, and always check your understanding of the answers with the person you're talking to.
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