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  #11 (permalink)  
Old 11-12-2008, 10:12 AM
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I think he/they wrote 'no misconduct' on the ROE so we cannont prove that he got let go because he was not working. She owns a business and I think he has been working with her and taking care of the kids. Hes a sales rep that works from home so knowing him he was not doing his job! IN that case he cant lower the support. Our agreement states that he must maintain insurance for the kids however my agreement is so bad that I am sure he will find away around it! The ortho coverage only gives you 1/3 up front then then you co-ordinate bennifits at 100 for my daughter which I am going to recover all but 150$ and then our son is at 200 of which I can only recover 100 per month for the 09 months! At any rate Its all so hard to know what to do. He said if i agree to the lower amount he wont have to go to court. If he brings a motion then I am spending money on a lawyer! and then am taking my chances that the judge will side with him and Ive wasted more money! Amazing that the choices you make can come back to haunt you. My saving grace is that I have two amazing children.
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Old 11-12-2008, 10:23 AM
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Sorry forgot to say thanks for your help and listening
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Old 11-18-2008, 01:03 AM
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Default Child Support

OK I had started a thread but not sure I got the answers I was looking for.
Ex has gotten himself fired, new wife has own business house both cars mercedes and Yukon in her name. Ex decides to be self employed and asked me to Bite the bullet while he gets started in his new business. Hes a liar from way back and wants me to continue to raise our children 24/7 no visitation and cuts the suppor to a 1/4 of what we are getting and be happy with it! Can he do that
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Old 11-18-2008, 08:29 AM
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I believe that this question was answered.
The answer is that he can physically stop payment yes, but can he legally, NO!
Legally he MUST return to court to have an order varied. If there is no clear order then a mutual agreement would also be OK, but it MUST be signed and sworn by both parties.

If he was ordered to pay a certain CS amount, and has now unilaterally decided and commenced a change without an order, then you are obligated to take the issue back to court. If they see that he indeed should have maintained CS at the ordered amount, then arrears will be applied to his case and then submitted to the FRO for enforcement if it already has not happened with the first order. If the amount of CS was to be reduced but not as low as he reduced it, then again, the courts will apply arrears to him and they will be deducted up to 50% of him employment income, or EI whatever form of income he has.

If you do not take this issue back to court, then you are basically "letting" him do as he pleases. I feel that you could apply for legal aid to offset or cover the court costs. Self rep in this case should be straight forward as well. You summit the claim, by attending your local court house and asking them what forms to file, how and when. Proceed as they instructed with all proper documents, or post questions here for guidance, and the onus will be on him to show that the CS amount he is paying is accurate, other wise he is in arrears.
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Old 11-18-2008, 10:02 AM
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Thank you.
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Old 11-25-2008, 10:40 AM
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How easy is it for someone to claim hardship to avoid or reducing paying child support? My ex is telling me its simply a piece of paper???!
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Old 11-25-2008, 12:03 PM
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Undue hardship is "very" difficult to show, and very rarely is a person successful. It is far more complicated then filling in a form or filing a piece of paper.
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Old 11-25-2008, 12:06 PM
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As I thought just another bullying strategy
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