Ex on OW takes trip for 6 weeks to Newfoundland

[blinkandimgone]

I started writing that exact same post yesterday but gave up after re-reading the OP's posts when I realized it has nothing to do with anything but jealousy and spite.

[billm]

Well put HammerDad and Blink.

[littlehope]

Stop being jealous over his lifestyle. You two are no longer together and he has every right to travel and visit his family.
I can understand the frustrations, but you should only be focusing on CS.
IF he is defrauding OW or whatever, that does not concern you.

[blinkandimgone]

Well put HammerDad and Blink.

[blinkandimgone]

Noah Cover of "Sweeter" by Gavin Degraw - YouTube

[wretchedotis]

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.

As Blink and others have suggested, you're working yourself up over things you have no influence over. You would be better served (for your emotional well-being) to stop looking at the other side's actions and life.

Concentrate on yourself, take whatever action is possible to aid in the collection of CS - and let all the rest of it go.

Sounds to me like you are holding on too tight to the detriment of your personal well being.

[penniless]

Ok. My actions are my actions, you don't know me, know my ex or my case. All I asked was for suggestions on which way to go. You have negative opinion so be it....keep them to yourself

Like someone said previously judges don't use contempt of court often, nor put out arrest warrants for your average Joe.

I'm not telling the whole story because i don't want the whole story to get out. Somethings should remain private plus i don't even know if I'm allowed to tell certain aspects of my case.

He purposely isn't providing information nor giving requesting documents because he is hiding something whether you believe so or not.

[penniless]

I find it funny how you have gotten personal and I haven't and you call me a whack job. I'm sorry but that is uncalled for. I am truly sorry your judge took the side of the women, but its not my fault.

[billm]

Ok. My actions are my actions, you don't know me, know my ex or my case. All I asked was for suggestions on which way to go. You have negative opinion so be it....keep them to yourself

Like someone said previously judges don't use contempt of court often, nor put out arrest warrants for your average Joe.

I'm not telling the whole story because i don't want the whole story to get out. Somethings should remain private plus i don't even know if I'm allowed to tell certain aspects of my case.

He purposely isn't providing information nor giving requesting documents because he is hiding something whether you believe so or not.

It's interesting, but now that I've been here for way too long, I recognize the content of this post to be almost exactly the same as many others who have come here and didn't like the advice they received from the majority.

I can do what I want.
You don't know me.
You don't know my ex.
You aren't giving me the answers I wanted.
Keep your opinions to yourself.
My ex is really bad.
I don't care if you believe me.

[billm]

I find it funny how you have gotten personal and I haven't and you call me a whack job. I'm sorry but that is uncalled for. I am truly sorry your judge took the side of the women, but its not my fault.

Don't worry about slughead penniless, the only thing he is good for is comic relief. Best to ignore him.

[arabian]

Penniless - I am very pleased to hear that a judge put a warrant out for someone who was in contempt. So often contempt is swept under the carpet.

You are not receiving CS and you probably feel that getting as much information on this loser will help you collect the CS that he should be paying. In fact most maintenance enforcement programs encourage people to come forward with information on dead beats.

If he is a long-haul trucker and hasn't paid CS has your maintenance enforcement cancelled his drivers license? You can alert the border services if this is the case. As an owner of a trucking company I can tell you that there are lots and lots of dead beats out there looking to work by driving big rigs. I had plenty of dead beats apply with my company but I always looked up on the dead-beat page before hiring. You might want to circulate his name/photo with some of the larger trucking companies. That is, assuming there is a court order with outstanding CS.

I hope you are successful in getting this matter resolved. No one walks in your shoes. Do keep a balance in your life and don't become too obsessed with the whole thing. Work with, and not against, your local MEP and the loser will trip himself up sooner or later.

[penniless]

As per certain items

If he would have gave me his taxes it would have ended their, he didn't. Ive tried to get answers through request for information and request to admit forms, no answer. You tell me what would you think if your ex refused to answer.

I have every right to know his financial situation, his medical situation, because they both concern how much he can and should be making for the purposes of child support. I have a responsibility to my son to make his life better. If that means going after his Dad for documents he should be giving me by law, then I'm going to.

In our final order I let him off child support for the last 2 years while he was on social assistance and and any time in the future while he was on it. Plus for the previous 2 years before social assistance while he was working because i couldn't afford someone to audit him. So their is no child support owing.

I wont go as far as circulating his name and photo. I don't want to ruin any chance for him to get a legit job.

Ty for your support and understanding for other victims of deadbeat parents Arabian.

[penniless]

It's interesting, but now that I've been here for way too long, I recognize the content of this post to be almost exactly the same as many others who have come here and didn't like the advice they received from the majority.

I can do what I want.
You don't know me.
You don't know my ex.
You aren't giving me the answers I wanted.
Keep your opinions to yourself.
My ex is really bad.
I don't care if you believe me.

That is not how I'm trying to come off...its more i cant give you all the facts..why are you making harsh judgements and being rude

Judges don't throw around contempt of court and arrest warrants ...that should tell you something serious is happening

I don't know if he is being deceitful...but his actions of not handing in taxes, request admit responses and request for documentation sure cause me to think so. His actions are causing me to go after him! My evidence is circumstantial but it wouldn't be if he'd provide me answers and documentation

I can bash my ex with creditable facts within our case but I'm not going to do so. I'm only dealing with those that are relevant now.

For example what if I said that he injured himself doing drugs while driving, and nearly killed a family. Would that change peoples opinion. That didn't happen.

[arabian]

As an aside, your child being his first child takes priority in the $ receiving end. He had no business having more children, in my opinion, when he couldn't afford the one he already had. This is the "welfare mentality" of many people. Just keep breeding and the government pays, and pays and pays. It's a good thing he screwed up with the contempt. Now he will not likely get any sympathy the next time he appears before a magistrate.

Work? He's probably just a typical Oxycontin-addicted trucker. Piss tests are pretty hard to beat nowadays.

[Teenwolf]

Penniless, it sounds like you're in a similar situation to my GF. I agree with some of the posts here in that you may be spinning your wheels in the mud in areas that may not get you anywhere. I can understand your frustration, as the GF has, and continues to go through the same stuff.

Like you, the GF agreed to suspend CS due to the NCP's low income. Four years later and his income is still below the income threshold for CS. Like the GF's ex, I suspect your ex will ride out that "get out of jail free card" for as long as he can. Time to get rid of the "get out of jail free card".

You need to submit an Application to Vary asking the court to impute his income and get an order that makes him pay CS again. Don't bother with his trips to NL and other speculation; my advice would be to keep it simple and focus on the stuff that can be proved in court.

How do you do this? Your court application will ask to impute income based on one of two reasons:

1. He doesn't provide income tax returns; and/or
2. He does, but his income is much lower than what he previously earned.

No income returns means that the court can draw a negative inference and impute income based on his previous earning potential and his current ability to work.

He will likely cry health needs to say that he can't work; however the onus is on him to prove that he has health needs which prevent him from working any full time job. Simply having a medical condition isn't enough; he must link the medical condition to an inability to work any job full time. He would need to submit medical evidence from his Doctor(s) indicating that he's incapable of work. Without this evidence, he would likely be unsuccessful in convincing the court that he can't work.

If he doesn't convince the court that he's incapable of working any job full time, then the court will likely impute income to him and order monthly CS.

If you're successful with this, then NEVER again agree to suspend his CS obligations. He has proven to be a deadbeat, and will take you for a mile if you give him an inch.