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  • child support

    I was married for 3 yrs in a abusive relationship and finally gave up on dec 2005.He was cheating on me and wanted me to sign a separation agreement which he bought with his terms and conditions.we were not on talking terms then also abuses for me and my family were still there so i decided to move out of matrimonial home with my two very young kids 3yrs and 19 months for which my parents put 20,000usd.He never paid me any money when we were living apart in the house other than the groceries he was bringing .I rented a apartment and moved in september.I never worked in canada as it was a mutual decision that he will be a breadwinner and me acting as a home maker.Under the constant pressure from my lawyer he wrote me 6 months poat dated checks(as upon his request OCL is being involved) i cashed the Oct payement and Nov i came to know in bank that there is stop on the checks.Now on 28th i came to know that he quit his 72,000 job and is working on his leased gas bar and earning equivalent to nothing.So i just want to know what will happen next.

  • #2
    sufferer,

    welcome to the forum,

    as you mentioned;

    I was married for 3 yrs
    You are still married to the individual until a Divorce is granted. Hence a legal tie.

    wanted me to sign a separation agreement which he bought with his terms and conditions.
    I hope you didn't sign same without first seeing a lawyer to review the document. If you did sign; did both parties exchanged full financial disclosure on their assets and liabilities.

    we were not on talking terms then also abuses for me and my family were still there so i decided to move out of matrimonial home with my two very young kids 3yrs and 19 months for which my parents put 20,000usd.He never paid me any money when we were living apart in the house other than the groceries he was bringing .I rented a apartment and moved in september.I never worked in canada as it was a mutual decision that he will be a breadwinner and me acting as a home maker.Under the constant pressure from my lawyer he wrote me 6 months poat dated checks(as upon his request OCL is being involved) i cashed the Oct payement and Nov i came to know in bank that there is stop on the checks.Now on 28th i came to know that he quit his 72,000 job and is working on his leased gas bar and earning equivalent to nothing.So i just want to know what will happen next.
    I am assuming that you currently located in Ontario and as such Ont Law would apply along with federal statues such as the Divorce Act - Canada. I am guessing that perhaps you previously resided in the USA, and met the individual and subsequently agreed to move to Ontario with the promises made. Marriage in itself is a promise.

    So I presume the issues to be

    Custody, Access, Child Support, Spousal Support, Net equalization and inputting an income to the individual.


    Custody - If your in Ontario, at law both parent's have coextensive custody of the children until a separation agreement or an order from the court providing otherwise. However, the children reside with you, so the authority to act as a parent is suspended for the other parent, but not ended and the child's access survives. Access is the right of the child and incident's of custody and access are determined by applying the best interest of the child test. By default of the law, Both parents have the same equal entitlement to information bearing on the health, welfare and education of the child.

    Access - As mentioned, it is the right of the child to have and to form a meaningful relationship with both parent's unless the child/children were in harm. Harm is defined as emotional, physical or sexual abuse. Your children are young, but the tender years doctrine is not law. Incidents of a child's access are determined by applying the best interest test. Empirical Research on infant child development indicates that a child bonds with both parent's at approximately the age of 6-7 months. To strengthen and to consolidate a meaningful relationship, young children require incident's of their contact with each parent to include all contexts such, as feeding, sleeping, playing, soothing, putting to bed etc. If this does not occur between the child and parent the current bond may weaken.

    Child Support - If no order is in place or separation agreement providing otherwise, then any amount of child support received would be considered a volunteer payment. Child support can be calculated by taking the persons last year line 150 amount of their respective income tax and compare against the child support tables or in cases where a persons income fluctuates from year to year, by taking their last 3 years line 150 income tax amounts to determine an average income amount to calculate against the respective tables. You have somewhat of a problem on your hands - that being - Did the individual quite his 72K a year position or was he laid off/ or got himself deliberately dismissed. If he got himself deliberately dismissed or quit, you will have to take steps to input an equivalent income to him ie in the amount of what he normally is capable of earning.

    Spousal Support - On the face of it, it appears he cannot afford spousal support.

    What will happen next - You must have an ongoing action with the court to have the OCL involved. I assume the court requested that they be involved in the matter and have agreed to take on the case. They are involved to represent the child, perhaps complete a parenting assessment of each party and perhaps make a recommendation by way of a report that deals with the custody and access issues.

    Child support- If you are awarded custody in the interim, you may have to input an income to the individual on the stance that he may perhaps be underemployed.

    Spousal Support - The key factors is that one party has means and the other need with first consideration to the support of the children. It appears if he deliberately is underemployed, he is attempting to squash your spousal support claim/ child support claim etc.

    Net Equalization - generally all the debts/liabilities are equalized between the parties. In your circumstance, the 20K US dollars from your parents, was this a gift to both parties or was it a gift to you or was it a loan. The condition of how it came to be is relevant when determining net equalization.

    lv

    Comment


    • #3
      thank you Lv

      oh yes i never signed anything but his access of 5 hrs a week was ordered by court on an interim basis.The child suppot and spousal support was negociated betwen the two lawyers on an interim basis again till we get any reply from OCL.My main concern for now is that i am not getting any support and my family is helping me out with everything as i don't want to be on ontario works.Although when he sponsored me he signed a 3 year bond for supporting me so we i go on ontario works he is in trouble.Can he claim in court that because i have a family to support me so he shouldn't pay me any spousal support? Suppose even if he was laidoff then what will happen and what if he convinced his employer to pay him less but cash under the table so even this time (his second marriage)he will be out with no obligations on his head

      Comment


      • #4
        sufferer,

        I see your concerns. However, you are married to the individual and as such your are a Canadian. Also you have two Canadian born children to care for.

        I suspect Ontario works will not give you a problem. I suspect Ontario Works will make you pursue support from all sources including child and spousal support.

        You may have to bring forth a motion to have the court input an income to the individual if he is underemployed.

        lv

        Comment


        • #5
          Federal Child Support Guidelines

          Hi Sufferer,

          I attended Provincial Court self-represented regarding child support Nov 21st. LogicalVelocity and I had a detailed discussion regarding IMPUTE OF INCOME ... The thread is "Child Support Hearing Next Week"

          Basically what you ex is doing is not gonna make him look good in front of a Judge and there is a section in the Federal Child Support Guidelines about intentional under-employment or unemployment.

          Comment


          • #6
            THank you lv and smadax

            Thanks for your information.I appreciate it.Reading comments from you guys seem like a legal advise and emotional support too.Yesterday i came to know that he changed his 3rd lawyer too and is representing himself this time stating that because he lost his job so he can't afford a lawyer.I think that soon he will disappear may be out of canada then what will happen?
            If suppose i go on ontario works (when he sponsored me he filled a bond to support me for 3 years which wiil be in april 2007) will it effect my citizenship?i will look forward for your replys

            thank you

            Comment


            • #7
              thank you lv

              Being a new member i never knew that if i want a answer from you i have to put my question in quote not postsSuppose if he didn't quit his job but is fired in that situation what will happen because he can easily survive as he has a leased business on side........and suppose if he totally disappears from canada then what will happen.
              Suppose if i go on ontario works till april 2007 only(as his contact with the immigration of canada for supporting me for three years ends april 2007) will it effect my citizenship.Is there any helpline from canadian govt. where i can clear my doubts.looking forward for your valuable guidance

              Comment


              • #8
                sufferer,

                If the individual quits or is deliberately fired, you would have to take steps through the courts to input an income to the individual on the stance that they are underemployed. Child support is a paramount consideration of a court.

                You almost have to take a wait and see approach and deal with the circumstances as they arise.

                Focus on your children and yourself. Apply to Ontario works for interim assistance until support is flowing. If you have support orders in place, you can assign the support orders to the director of Ont Works.

                If the individual flees the country, you can only run and hide so long before things will get caught up to him.

                I should note that you legally married a canadian citizen and as such are a Canadian Citizen now. I don't believe immigration could deport you as you have Canadain born children!

                lv

                Comment


                • #9
                  sorry i was not clear

                  no i am not a citizen yet but will apply in april2007,currently permanent resident.If i go on ontario works now then will it be a problem in filing for citizenship?Because of this fear i m taking loans from my immediate and extended family but more than 6 months and everybody has a limit.Is there any immigration helpline where i can call and ask my question

                  Comment


                  • #10
                    sorry i was not clear

                    no i am not a citizen yet but will apply in april2007,currently permanent resident.If i go on ontario works now then will it be a problem in filing for citizenship?Because of this fear i m taking loans from my immediate and extended family but more than 6 months and everybody has a limit.

                    Comment


                    • #11
                      thank you lv
                      sorry to bug you but i am still waiting for your answer about my citizenship which i am suppose to apply in april 2007(currently residence status).This month he paid me some support reduced almost to half what he agreed upon on an interim basis.Can he just reduce the amount according to his comfort?
                      Looking forward for your precious suggession

                      Comment


                      • #12
                        sufferer,

                        Your citizenship is a whole separate issue, that would come under the jurisdiction of the federal department of Immigration. However, as I mentioned I can't see them denying you same when in fact you have Canadian born children. They have to consider this paramount fact.

                        lv

                        Comment


                        • #13
                          thank you lv

                          yes thank you .I called the immigration help line and was told that till he is obligated under the bond it won't efect me

                          Comment

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