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Child Support and Workmans Comp

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  • Child Support and Workmans Comp

    Has anyone had this situation?

    My ex common law partner ( we have a seperation agreement filed with the court that allows me to have Primary residence, and we have joint custody) has asked me to allow him to have 50 percent visitation of his daughter so he doesn't have to pay child support.

    He is on workmans compensation at the present time. He has not paid CS since July, and I have filed with FRO. He made two payments in Sept of which i have told them about. He says FRO is making him pay what his T4 is from the last year which is more than what we are basing the CS payments on now. He is mad about that because for one thing he isn't making that now. Can he have it adjusted through FRO? He doesn't want to fall behind anymore. We are conversing through email because he is verbally abusive by phone or in person. I work when he has her to supplement my income as a stay at home mom. Our daughter is 5. He asked me to work out something and not go through FRO. Another attempt at controlling me. I emailed him and told him to go through FRO for everything, and to speak to a case worker and they will work out a payment schedule.

    Can he ask for 50 percent custody. If so,does he still pay cS, does it have to go through a lawyer to be adjusted? I will never go for this, but he is threatening. The best interest for the child is that she stay with me for primary residence. Her school is in walking distance, I am a stay at home mom. He is just off on WC for a couple of months. I know I am rambling on and I am sure there are a lot of cases that would be accomodating and let him have her for the month. But now he has her every other weekend and the alternating week 3 days. Now he has her for 10-12 days per months. Even though 6 of them are school days. We have been able to work out this schedule since he has been off. When he goes back to work, the schedule is sporatic at best with all weekdays with MON tues one week and then WED thursday the next. Whichever his work schedule allows.

    Whatever help you can give is very much appreciated.

  • #2
    The status quo will prevail so I very much doubt that he would be successful in any attempt to get 50/50 unless you yourself agree to this.

    As far as dealing with the FRO, in our case, we did adjust the FRO CS order simply by filling out a consent to vary form.
    Both parties had the form signed and notarized, and sent to FRO.
    FRO requested verification from both parties to ensure both were in agreement (to make sure one party wasn't fraudulently submitting documents).

    We both agreed to the changes to the original court order and gave our documentation and reasoning in writing, and the FRO proceeded as we had requested. And at one point the ex wanted my husband to withdraw from the FRO since they were always late with payment, and again both parties submitted a request to withdraw and FRO closed the file until the last appearance when WE insisted on FRO to avoid her claiming we did not pay. She had a nasty habit of saying we didn't pay when we did, (we were smart enough to send ALL payments registered mail, printed the signature of receipts, and also had our cancelled cheques returned). We continued this practice even with FRO involvement, and it’s a good thing. Last month we were sent a letter from the FRO where the ex had sent a sworn document claiming arrears for three months. To us this was absolutely ridiculous as our payments were collected and cashed by the FRO for that time frame. We simply photo copied our documents and sent a “professionally “ worded letter of utter disgust to the FRO office explaining how appalled we were that they allowed this to happen without first verifying with their own records. Why they assumed that we had arrears before checking their own files is beyond me, probably a case of over worked and understaffed, either way NOT ok with us when we’re talking hundreds even thousands of dollars. Imagine where we would be without complete documentation??

    A change can be made if both parties are in agreement and submit a written & “Sworn” request. FRO prefers court orders, but this isa not always necessary as we have learned.


    • #3
      Thanks for your input. It puts my mind to ease for the time being.

      I realize that we can both change the payments through FRO, but at this time I waiting for him to fill out the papers at his end to start any payments at all. They can't garnish his wages because he isn't working hes collecting WC. I'm not sure if they can garnish that. I am not willing to change any payment amounts yet, as I don't even know his t4 amount from last year. If he actually made the amount he did and it is way more than we based our amount on, then why was he late for making every payment last year, and claimed he didn't have any money. He has a history of terrible money management and has claimed backruptcy twice.

      He buys our daughter all kinds of "stuff" but never makes his payments on time. This is finally a way the money can come to his daughter first than to him first.

      He also has a habit of just putting papers aside and not doing anything about them, hence why FRO has told me I have to wait until Nov 28 to have the court DEAM? the seperation papers and force him to pay. So I have to go another month with nothing.

      Once again thanks so much. I don't have enough money to get a lawyer at the present time, but if need be I will go into debt to get this all straightened out. Your suggestions are greatly appreciated and I welcome any more.


      • #4
        Just a note, I am not sure if WCB is garnishable either, but I do know that Unemployment Insurance payments are, so there is a slight possibility that WCB.

        As for the lawyer costs, I get that.
        The court house is a great way to self rep.
        They ususally are very helpful with what to fill out and how and when to file them. Are you covered by a legal aid lawyer?


        • #5
          while speaking to the fro last week, they told me they can garnish workers comp.
          Last edited by itiswhatitis; 10-24-2008, 04:42 PM. Reason: wrong word


          • #6
            Thanks for the info on that. Over many emails since, i have discovered that he wants to change our seperation agreement...hes wants 50 percent custody. I am assuming because he doesn't want to pay child support. He isn't filling out any of the FRO forms and I guess I have to wait till fro deams the seperation aggreement through the court, November 25. He doesn't have enough money to see a lawyer. Not sure whats going to happen now....he is prolonging it as long as he can go i guess.


            • #7
              Not to worry about the request for 50/50 access for the purpose of no cs.
              Generally the status quo prevails, and I hiighly doubt that a court will consider such a request unless the custodial party also is in agreement.

              As a side note, say you are both in agreement to the 50/50 split on access, then there is still the possibility that CS can be awarded.
              The income of both parents would be determined, and the party with the higher "standard of living" may be ordered to pay CS.
              I highly doubt being on worker's comp would mean he was earning more then the receiving parent, but it is possible, and if he is, he may still be ordered to pay CS based on the difference in incomes.


              • #8
                He would still have to pay me then, as I work part-time and I am a stay at home mom, and my income is substantionally less than his. I have stayed at home to raise our 5 year old, I only work the days he has her. I am waiting one more year till she is in school full time to return to the work force fully.

                I just recieved the notice from FRO that tells me the "payor" has 28 days to decide whether he will take me to court. I expect he will to lower the payments. Not sure, but I will wait to find out. He doesn't have any money for lawyer so not sure how he will fair defending himself. I guess more time for him not to pay me. How time ticks away....


                • #9
                  Fro Update......useless

                  Just a little update. As in my previous emails, I contacted Fro in September and filed the necessary papers to recieve CS payments. It is now January and I'vd recieved nothing. I have contacted them numerous times and I have been assigned a caseworker. Let me note that they have extended him till the END OF JAN to let him make payments. I would like to say that I had to wait from Sept till November to have our seperation agreement deemed by the courts. Then from November till now I have recieved nothing but nasty emails from my ex saying I am denying him seeing our daughter...completely false claims. We are trying to work out a schedule that works for his days off and our daughters best interest. I have not denied him any days except for maybe two that I had plans for already. Its unfortunate that we never had set days for him to see her and we relied completely on us on how to schedule. If you read my previous emails you will see he is bullying and demanding. Only now, I have finally stood up for myself and our daughter. She is in school full time and him having her only during the week conficts with regular patterns. I am freely giving him the days he wants, but he continually asks for more and more, only to try and grab the "40%" he states he needs to get support payments decreased. Don't anyone fool anyone here, I went to see my lawyer and we are in the process of writing up a new agreement. My lawyer told me that even if he did have her for 40% of the time, the courts will look at who has the child quality time and who has them for times the are in school.

                  I have read similar situations to mine, and I only hope all of you get a lawyer to write out SPECIFIC seperation agreements and please.....DOCUMENT EVERYTHING. I have since the beginning and continue to do on a daily basis.

                  He hasn't filed a motion yet, and keeps threatening that he is going to be out of a job. He also keeps threatening things like he is going for 50 percent custody and thinks he will get it. Desperation brings out the worst in people.

                  |Good luck to all on here!


                  • #10
                    forgot something

                    Oh yes, one note......this one is mildly funny, well not really but I thought I would bring something else to the table. Not only has he not paid me, but in December he bought a new car (leased) for himself and for our 5 YEAR OLD...he bought Rock Band and Wii. Like who is kidding who......


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