Back Support

[LCB]

Background info:
My husband has always paid CS amount that is less than table but paid 50-100% for activties/clothing/ect.. that should have been included in CS amount as well as had her 40% of the time majority of the months over the past 5 years. Access was only less than 40% when mother withheld access. There was never a court order they just worked things out the way it was best for them both.
Child showed interest in moving in with father which promoted mother to serve my husband with documents going for full custody as well as table amount. In the documents she accuses him of underpaying support and not paying for any extras. She never asked him for more money prior to serving him with the documents.
My husband immediately begain to pay table amount but would not agree to her having full custody.
He paid to have her served with a minutes of settlment that was extremely fair, she was unagreeable on all issues and would not offer a counter offer.
At the case conference the judge pointed out to the mother that they had made it work for over 9 years (broke up when child was 3.5 and she is now 13) and she should probably come to an agreement as she wouldn't like the decision if he was to make it.
The case conference was Jan 2011, last contact with her lawyer was March 2011 where he stated he was going to do a motion for CS. We never heard anything and we were not able to get in touch with her lawyer since.
We were served with notice of dismissal docs from the court NOV 2 which stated his ex had 60 days to do something. If my math is correct they had to had something submitted to the court by Jan 1.
We received an email today from her lawyer with a ridiculouse offer asking for over 16,000 back support, this was just an email on letterhead, it was not an official court form.

Here are my questions:
1 Since they will have missed the deadline stated on the dismissal does this mean the entire process starts again, meaning she needs to fill out an applicaiton and they need to attend a mediation and a case conference before they can submit a motion?

2 It is my understanding that back support can only go as far back (or generally only goes as far back) as the application date? Is this correct? If not how far back can they go? If so, and they do need to submit a few application due to the dismissal date would that be the new application date that they would use? I guess that doesn't really matter as he paid table as soon as he was served with the original application but I am just curious.
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[NBDad]

Jan 1st was a holiday. A couple days here or there wouldn't matter, the courts will typically allow a little bit of time.

That being said, I believe they would have to do a whole new motion.

In your shoes I would do one of two things:

1. Send a counter offer to the lawyer indicating you are requesting official confirmation from his client of the SHARED custody arrangement of 60-40 as has been the status quo for the last 9 years.

Indicate GO FORWARD that CS shall be based on the offset method using the prior year's notice of assessment for both parties, to be exchange no later than June 30 of each year an with a July to June payment schedule.

If you can secure the first part, take the "official order" once you have it...and file with the CRA for the 9 years of CCTB back pay you are owed for the shared arrangement.

2. Ignore him and continuing paying full table each month until otherwise ordered by the court.

[LCB]

Thank you for your reply.
The mother will never agree to admit that custody has been shared in the past, this is all about the money for her.

At this point we do not have access 40% of the time. We were served in Nov 2010 (mother served us since daughter said she wanted to move in with us). Since then she has alienated the daughter to the point that she doesn't even want to come over anymore. It has been over a year of trying to rebuild the relationship and nothing is working. The daughter had told her teachers and guidance department at school that she wanted to live with us and infromed them of horrible things that were happening at home. The school called Children's Aid (on the mother) and since the Children's Aid visit (again it was the school that called NOT us) the daughter has not wanted anything to do with us.

Right now we do owe full table amount and that is what we have been paying since the day we were served.

She is asking for 5 years of back support, how far back are the courts usually willing to go? I have heard that judges only usually have support go back to the original application date, is this true? If so, we have nothing to worry about as we were paying full table amount as of that month.

I think mother is just Bitter that the old CS amount plus the extras = more than the table support we are paying now. Clearly she somehow got the impression my husband makes much more than he does.

[Berner_Faith]

Originally Posted by LCB

I think mother is just Bitter that the old CS amount plus the extras = more than the table support we are paying now. Clearly she somehow got the impression my husband makes much more than he does.

It's interesting when their own stupidity bites them in the behind isn't it?
Went through the same thing with my bf and his stbx... he started paying $600 a month is CS and that amount was basically cut in half once she chose to get lawyers involved.

Do you have a lawyer to help you through this?