Hello everyone. I am looking for some advice on my husband's situation with his ex common-law spouse. They have been separated since 1998 and have two children together, 13yo and 20yo daughters. They have an agreement from 2002 that has not been updated since.
We have been trying for the past 2 years to get the mother to update the agreement and have nad no luck. My husband verbally requested, then sent emails and then two registered letters requesting the agreement be brought up to date and that she provide her financial information as well as medical and school information about the daughters. He was either ignored or refuse information stating that the 20yo is an adult and doesn't want her private information shared with her father so her mother is legally obligated to keep it secret from him. In the same breath the mother insists that my husband keep paying support because the 20yo daughter is unable to go to school full time because of medical issues...but they refuse to provide proof of these claims. After over a year with no luck we served her with a Motion to change in February and just received her response on Monday. She is now asking for $35,000 in retro support for both children going back to 2004 claiming that she has been asking my husband for his NOAs and has been ignored. She has no written proof that we know of but claims her parents witnessed her asking him. She also listed both of the children as being special needs in many areas and is insisting that my husband is still repsonsible for supporting his 20yo daughter because her doctors recommend every semester that she drop out of school because it is too stressful. She has already graduated high school in June 2011 and keeps trying to go back for a 'victory lap' to improve her grades. She got a concussion over two years ago, has diabetes and is now 6 months pregnant with her own child. The mother claims she can't go to school or support herself because she is dealing with mental issues as a result fo the concussion and a high risk pregnancy so my husband should have to continue to pay for her. Before getting pregnant the daughter held two part time jobs as a cashier. The daughter has refused a relationship with her father for the past two years because she doesn't like me, the new wife, and they feel he chose me over them. He has tried on numerous occassions to reconcile with her but she is unwilling to even acknowledge him. Don't get me wrong, we would happily pay to support her if it is truly warranted but I honestly feel they are playing the system and trying to take my husband for as much as possible.
So, my questions are... how likely is it that the ex will be successful in her claim for 10 years of retro support when it is my husband who has written proof he has been trying to get her to update the agreement for the past two years? Second, do a concussion, diabetes and a pregnancy qualify his 20yo daughter as disabled to the point where she can't support herself? If so, how long could my husband potentially be obligated to pay for a daughter who wants nothing to do with him? and are there any options for him like forcing her to apply for Ontario Disability or other programs? I appreciate any insight you can give. Thank you.
We have been trying for the past 2 years to get the mother to update the agreement and have nad no luck. My husband verbally requested, then sent emails and then two registered letters requesting the agreement be brought up to date and that she provide her financial information as well as medical and school information about the daughters. He was either ignored or refuse information stating that the 20yo is an adult and doesn't want her private information shared with her father so her mother is legally obligated to keep it secret from him. In the same breath the mother insists that my husband keep paying support because the 20yo daughter is unable to go to school full time because of medical issues...but they refuse to provide proof of these claims. After over a year with no luck we served her with a Motion to change in February and just received her response on Monday. She is now asking for $35,000 in retro support for both children going back to 2004 claiming that she has been asking my husband for his NOAs and has been ignored. She has no written proof that we know of but claims her parents witnessed her asking him. She also listed both of the children as being special needs in many areas and is insisting that my husband is still repsonsible for supporting his 20yo daughter because her doctors recommend every semester that she drop out of school because it is too stressful. She has already graduated high school in June 2011 and keeps trying to go back for a 'victory lap' to improve her grades. She got a concussion over two years ago, has diabetes and is now 6 months pregnant with her own child. The mother claims she can't go to school or support herself because she is dealing with mental issues as a result fo the concussion and a high risk pregnancy so my husband should have to continue to pay for her. Before getting pregnant the daughter held two part time jobs as a cashier. The daughter has refused a relationship with her father for the past two years because she doesn't like me, the new wife, and they feel he chose me over them. He has tried on numerous occassions to reconcile with her but she is unwilling to even acknowledge him. Don't get me wrong, we would happily pay to support her if it is truly warranted but I honestly feel they are playing the system and trying to take my husband for as much as possible.
So, my questions are... how likely is it that the ex will be successful in her claim for 10 years of retro support when it is my husband who has written proof he has been trying to get her to update the agreement for the past two years? Second, do a concussion, diabetes and a pregnancy qualify his 20yo daughter as disabled to the point where she can't support herself? If so, how long could my husband potentially be obligated to pay for a daughter who wants nothing to do with him? and are there any options for him like forcing her to apply for Ontario Disability or other programs? I appreciate any insight you can give. Thank you.
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