Ex on OW takes trip for 6 weeks to Newfoundland

[penniless]

Here are the facts

• He and his common law are both on OW
• They have 3 children under the age of 2
• He cannot work because he cannot bend or twist and lift anything greater than 10 pounds.
• He supposedly cannot drive more than 15 min at a time because he cannot sit for long periods. stated in a medical document obtained in 2011 have not seen an update.
• I am not getting any child support for the one child I had with him 7 years ago.
• I had to send a server to his address for a contempt of court motion because he never sent me his income taxes. He found out about this trip to Nfl, to visit relatives and go camping.
• He stayed for 6 weeks
• My ex never showed up for the contempt motion after being served.
• He left a message with the duty council to represent him saying he was on vacation 3000km away and to have it adjourned because he would be back until the end of august
• The judge denied it and put an arrest warrant out for him.
• I put in a complaint to OW about this trip.
• It is now my understanding that he is claiming his mother in law paid for the whole trip and that they went up their for an emergency, his commons law son was having medical problems.
• I sent a request for information and request to admit for which he never responded too. he did get back on time to receive the documents and provide a response. The documents were return to sender Sept 1st

How should I proceed?


Should I request a motion for questioning for purposes of having the judge impute income?


I now have concerns he is working under the table.
I now have concerns that he is medically fit to work since he was able to go to Newfoundland by car.

[WorkingDAD]

Here are the facts

• He and his common law are both on OW
• They have 3 children under the age of 2
• He cannot work because he cannot bend or twist and lift anything greater than 10 pounds.
• He supposedly cannot drive more than 15 min at a time because he cannot sit for long periods. stated in a medical document obtained in 2011 have not seen an update.
• I am not getting any child support for the one child I had with him 7 years ago.
• I had to send a server to his address for a contempt of court motion because he never sent me his income taxes. He found out about this trip to Nfl, to visit relatives and go camping.
• He stayed for 6 weeks
• My ex never showed up for the contempt motion after being served.
• He left a message with the duty council to represent him saying he was on vacation 3000km away and to have it adjourned because he would be back until the end of august
• The judge denied it and put an arrest warrant out for him.
• I put in a complaint to OW about this trip.
• It is now my understanding that he is claiming his mother in law paid for the whole trip and that they went up their for an emergency, his commons law son was having medical problems.
• I sent a request for information and request to admit for which he never responded too. he did get back on time to receive the documents and provide a response. The documents were return to sender Sept 1st

How should I proceed?


Should I request a motion for questioning for purposes of having the judge impute income?


I now have concerns he is working under the table.
I now have concerns that he is medically fit to work since he was able to go to Newfoundland by car.

Ontario Works Act, 1997

PART I
ELIGIBILITY FOR ASSISTANCE
...
Absence from Ontario

5. A person who is absent from Ontario for a period greater than seven days is not eligible for assistance unless the absence has been approved by the administrator as necessary for reasons of health or necessary because of exceptional circumstances. O. Reg. 134/98, s. 5.

[penniless]

Thank you for this information! I will certainly put it to good use.

[Mess]

If he cannot work due his back, he is not on OW, he is on ODSP and is under different legislation.

ODSP Income Support Directives

A recipient, absent from Ontario for more than 30 days, is not eligible for income support unless the absence is considered necessary.

While 6 weeks exceeds the time allowed by legislation, at worst he will lose one month of support.

I doubt you will be able to prove he drove. His partner could have driven. As well, one trip is not the same as working 5 days a week, 52 weeks a year. He was put on ODSP benefits only with a diagnosis from a physician. You don't outrank a physician.

What is your purpose here? You want him kicked off of benefits? Why? Because you don't think he is injured? What kind of job is he going to get? What makes you think he will be able to pay support if he loses his benefits?

What judge issued an arrest warrant over non-provision of last year's income tax? There is more than one member here who has no action from the courts over more serious disclosure problems than that.

[penniless]

He is on OW my fro worker verified it. She believes they denied him odsp.

I believe he is trucking under the table and that's why he went out to Newfoundland. The judge even hinted he thought he was working because he stated he didn't understand how someone on OW goes to Newfoundland for 6 weeks.

The max on ow you can have for a family unit of 5 is $3000 worth of assets. That trip alone probably cost 3 grand. Where is he getting the money for hotels, food and gas.

If he had the back problems he states he had he wouldn't have been able to sit through a 3000km trip. He stated he went camping so how is a guy that cant twist and bend and has back problems go camping.

Back when we were together he cleared $70,000 doing long haul to California. He quit his job right before having his first kid with his fiance and since has has 2 more. So thats a total of 3 kids while on OW. Why should we as tax payers have to pay for his family, him having a kid factory.

I'm going to go after the Doctor to because he never reported him to the ministry of transportation.

The judge put out an arrest warrant, because my ex basically told him to stick it. Who has the balls to tell a judge I'm not coming back because I'm on vacation, especially when its an contempt motion. He has already been caught lying to the judge, made false allegations against me, and has been playing games with the court. I wouldn't be surprised when he gets back the judge throws him in jail for 90 days.

[Mess]

In that case, the fact that he drove won't make a difference. OW doesn't require that he be disabled.

[penniless]

Your right there, but now they might make him try to find work, instead of just raising 3 kids. Plus the judge may input income against him.

[blinkandimgone]

I would suggest that 'just' raising three kids IS a lot of work.

[penniless]

Why should I, a working mom, with a child with ADHD have to sit back and watch him go on vacation, watch him enjoy himself while I struggle along.

[blinkandimgone]

Then stop watching, you seem to know an awful lot about his business that is really none of yours.

You are 'just' raising one kid, while he is raising three. By your standars, he is apparently doing more work than you. How he chooses to spend his money, whether it be on vacations or if the trip were gifted to him, is really none of your business.

If he isn't paying CS, then THAT is your issue, all the other stuff you seem to feel he's doing is NONE of your business!

[penniless]

If i saved for a year i still couldn't afford that trip, am i bitter you bet!

It is my business, he has a responsibility to pay for his first son

I found out about the trip when my server tried to serve him for failure to file taxes for the third time, hence the CONTEMPT OF COURT.

I found out other info from my fro worker.

As a tax payer....

He shouldn't by Ontario works rules be using money for trips

He shouldn't be going out of province for 6 weeks

He shouldn't have more than the max $3000 in assets, including things in the home. He be lucky with furniture, tvs, jewelry and other things if he was allowed to have more than $1000 in the bank as a family unit.

It is very likely he is defrauding OW.

He shouldn't be sitting on OW for the purpose of having kids, HE SHOULD BE PAYING FOR HIS OWN KIDS! If he cant he shouldn't be having them. He hasn't seen his present son in 3 years.


It is my business!

I find it ridiculous that I'm having to defend myself.

[Teenwolf]

I agree with you penniless. It's possible that he's playing the system, under reporting income and avoiding CS. How much he truly earns each year is your business in order to determine how much CS he should pay. If that wasn't your business, then he wouldn't be required to disclose his income tax returns to you each year. If he's being deceitful in order to avoid paying any CS, then that's your business too.

I can understand your suspicions. The guy is supposed to be broke as a joke and incapable of work, but he's taking 6 week vacations. That doesn't add up. Does he have documentation from his Doctor(s) expressing a medical expert opinion that he can't work any job full time?

[standing on the sidelines]

why are you going after the dr for not reporting him to the Ministry of transportation???

Before you go off half cocked then you better make sure you have EVIDENCE to back up your claims. If you just go on feelings etc then you are going to look like a crazy bitter ex.

[Soccermom]

Hi Penniless:

I can understand your frustrations as your ex appears to be very immature and irresponsible. He's a deadbeat who isn't too worried about his obligations and that is something you may have to accept and move on from. Sometimes, no matter what hoops we jump through, we can't make others do the 'right' thing when they choose to avoid obligations at all costs.

It does seem he is hiding behind OW in that I believe his 'wages' cannot be garnished, but he must be in arrears if the CS was court-ordered. I would ask FRO about the possibility of having his driver's license suspended - only because that may motivate him to get off his butt and get a job (or it may backfire and give him yet another excuse NOT to find one). FRO may not be permitted to do this if he is on OW.

I'm sure he has many 'answers' as to how/why he was on a 6 week vacay and it may be difficult for you to prove anything. Personally, I would call OW, and report him and let them decide if he has done something wrong. If he is suspended from OW, well, he wasn't paying his CS anyway, and maybe that will motivate him.

Other than that, gather all your evidence for court. Things will proceed without him if he doesn't show. Even then, if he has no money and absolutely no incentive to support his child, if he loses his license or is thrown in jail, the consequences seem to be little more than a slap on the wrist of the non-compliant parent, when you are needing assistance to support the child. Unfortunately, there is no law against being a jerk.

You might just have to get by without his support, continue working your butt off, and being the sole provider to your children.

I sincerely hope he grows up soon, for the sake of his children.

[HammerDad]

If i saved for a year i still couldn't afford that trip, am i bitter you bet!

How he arranged to to pay for the trip is not your business. You don't know if he is sleeping on the couches at a family members or staying at the Ritz Carlton. Your are making assumptions as to the cost. You have no idea what, if any, his out of pocket expenses were.

It is my business, he has a responsibility to pay for his first son

He has to pay c/s based upon his income. If he is on OW, then his obligation at this point is nominal, if any. It sucks, and he should be contributing as much as he can.

i found out about the trip when my server tried to serve him for failure to file taxes for the third time, hence the CONTEMPT OF COURT.

The contempt matter and the trip are not interrelated. His failure to provide you with his NoA and a trip to see a supposed ill parent, are not connected.

As a tax payer....

He shouldn't by Ontario works rules be using money for trips

You assume he is using OW funds to pay for the trip. The reality is, you have no idea how the trip was funded.

He shouldn't be going out of province for 6 weeks

In Canada the constitution allows us freedom of movement. We can go anywhere, for as long as we like.

He shouldn't have more than the max $3000 in assets, including things in the home. He be lucky with furniture, tvs, jewelry and other things if he was allowed to have more than $1000 in the bank as a family unit.

Again, you have no idea how he got any of his household items. He could've got them second hand off kijiji or as a gift. Stop worrying about how he is living. It won't help you get you to your ultimate goal. All it will do is cause you more stress and grief.

It is very likely he is defrauding OW.

There is a huge gap between "very likely" and "I have evidence he is". Unless you can provide evidence to prove he is, you again are making assumptions. These assumptions are also likely biased by your view of your ex. If he is, I hope you can prove it. I hate people who try and take advantage of the system. My brothers ex wife tried to, and she got caught...it was nice....!

He shouldn't be sitting on OW for the purpose of having kids, HE SHOULD BE PAYING FOR HIS OWN KIDS! If he cant he shouldn't be having them. He hasn't seen his present son in 3 years.

I have made the comment before that having kids is a choice, and if having more kids is going to cause one financial strain, don't have more kids.

But, the reality is, he does have 3 more kids. Apparently they are young. He and his new partner may have determined it is more cost effective for him to stay home then pay for daycare for all those kids. And given that he purports to have back issues, it give more reasoning.

It is my business!

I find it ridiculous that I'm having to defend myself.

How he lives his life, or what he does, isn't your business. You would be happier in life if you didn't worry or involve yourself with his life.

Your business strictly relates to support for your child. Outside of that, of what he does or where he goes, is irrelevent. Yes, he should be more involved in his child's life. But you cannot force someone to be a good parent. You simply can't fix stupid.