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Hello all in the forum. ConcernedDad and I think perhaps our story is fragmented so nobody can actually offer decent advice. So we are going to try and start again and see what happens.
My husband and his former spouse seperated on February 1 2008. ConcernedDad moved out and found residency within walking distance of his now fromer spouse. In November 2008 they adopted a 16 week co-parenting plan around the respondent's work schedule, with joint custody and shared care. Although this schedule was dysfunctional, it facilitated maximum contact with both parents. In August 2009 the respondent (his former spouse) emailed ConcernedDad (CD) stating that she was moving out on Oct 24 to live with her bf 100km away claiming she drowning financially and could no longer afford to live here....so he better get used to that idea, that the kids could contine in the same school for this year but maybe next year they may want to live with her and go to school there and he could have the kids every weekend. She told him that some leeway would be needed in their schedule and that they may need to figure out a meeting place halfway between the homes to make this work...... Needless to say CD was devastated and started asking around. We were told to file an application, so he did , he filed an application to try and keep his kids from being moved away from him on September 16 2009. Within a matter of a week the respondent took out a personal loan in the amount of $3500 with her parents to retain a lawyer, and shortly thereafter he had a hearing, but her lawyer wanted to adjourn, and we were told that status quo was to remain and the kids were NOT to be removed from their residency where they resided with applicant and respondent (the 16 week was a domestic contract) The respondents lawyer was told that status quo was in place and the kids were NOT to be moved, she said she would inform her client, but to her knowledge her client had no intention of moving that she was aware of (give me a break, that was the sole reason for filing!) At this point the respondent actually was mostly already moved and excercising her access at her "new" residence...she was "oficially" moved out by the end of september 2009. On October 20 2009 the parties had a case conference that was adjourned until December 15 2009 and they were advised to seek mediation services. On October 28 2009 my husband filed a motion to be heard on Nov 24, on this day the respondents lawyer was not available and she had a "fill in", the Judge adjourned but made a temp order in which the schedule was set for a two week time frame with a return date of November 18 to argue the motion, the two week schedule made sure each party had a weekend, and the respondent had a mid week as well as a thursday that was a PA day, at this time the Judge also ordered OCL involvement. November 18 parties go back to argue motion but nothing has been heard back from OCL, different Judge Orders them to go back to the original 16 week schedule because respondent's lawyer says there is no problem with it, even though 5 minutes previously her lawyer was trying to settle the matter because she stated that the respondent agreed it would not work, so Judge makes oder to return to 16 week and adjourns again until December 15 waiting to hear back from OCL. Dec 15 Never happens because OCL didnt relpy back with the denial that would soon come until december 7...Now supposedly sometime shortly hereafter the respondents lawyer states to her that she is working less so she should pay less in child support ...agreed amount via sep. agreement is $600/mo, conveniently around x-mas time respondent pays less on her own accord without a court order to reduce. Previously in emails she uses revocation of child support as blackmail, and challenged CD to go to FRO....SO when she lowers child support of her own accord in December CD files an application for FRO intervention, the respondents lawyer who at this time was not actually even her lawyer anymore, (yet we were not informed) questioned CD's reasoning for filing an application with FRO considering they were in litigation and asking for his withdrawl from FRO. At this point the respondent has lowered hours in employment and sometime in December she took a "strees" leave from work we have evidence from her former lawyer...she stated that CD was causing her stress, and now we assume she is going for medical claims. So FRO gets involved...arrears were file from 2008 this was true and can be proven, but she tried to fight it, with no resolve. From March-August parties have 4 settlement conferesnce with no resolve, since March 201 the respondent has lowered her income, changed jobs,evaded FRO and somehow keeps getting away with all this. She told FRO she is broke and there is nothing they can dobecause she does not have the money, FRO filed a request to her new employer for garnisment but her employer hasn't complied, she lost her extended benefits for the kids, and her fight is to continue this...this is my summed up version and we are begging for your assistence and advice. She will not take less that 50/50 or 40/60 split...Question 1) There is a temp court order in place that they follow the 16 week schedule, yet the respondent deviates continously picking up and dropping off whenever the schedule does not suit her needs. CD's former lawyer stated to him if she can dictate and variate the court ordered schedule, then so can he so he took his now former lawyers advice and told her how it was going to be.....She sought Duty Counsel services and they sent his lawyer an email stating he could be held in contempt. So his former lawyer said maybe she is right....Yet she can continually deviate and do whatever she wants....Granted we want her more time we are NOT arguing that, but right now we live in an "on-call" lifestyle, the respondent is fightingfor more time saying shge doesnt get enough ...its insane on a level that is ludicrous and we are losing our minds over this...a year of this and NOTHING NOTHING done...Now it is a new month she is behind $100 in child support and when my husband calls FRO to find out if any payment has been made they inform him she isnt orking enough and that her "new" employer hasn't conformed to their request for garnishment...and the saga continues PLEASE HELP!!!!
My husband and his former spouse seperated on February 1 2008. ConcernedDad moved out and found residency within walking distance of his now fromer spouse. In November 2008 they adopted a 16 week co-parenting plan around the respondent's work schedule, with joint custody and shared care. Although this schedule was dysfunctional, it facilitated maximum contact with both parents. In August 2009 the respondent (his former spouse) emailed ConcernedDad (CD) stating that she was moving out on Oct 24 to live with her bf 100km away claiming she drowning financially and could no longer afford to live here....so he better get used to that idea, that the kids could contine in the same school for this year but maybe next year they may want to live with her and go to school there and he could have the kids every weekend. She told him that some leeway would be needed in their schedule and that they may need to figure out a meeting place halfway between the homes to make this work...... Needless to say CD was devastated and started asking around. We were told to file an application, so he did , he filed an application to try and keep his kids from being moved away from him on September 16 2009. Within a matter of a week the respondent took out a personal loan in the amount of $3500 with her parents to retain a lawyer, and shortly thereafter he had a hearing, but her lawyer wanted to adjourn, and we were told that status quo was to remain and the kids were NOT to be removed from their residency where they resided with applicant and respondent (the 16 week was a domestic contract) The respondents lawyer was told that status quo was in place and the kids were NOT to be moved, she said she would inform her client, but to her knowledge her client had no intention of moving that she was aware of (give me a break, that was the sole reason for filing!) At this point the respondent actually was mostly already moved and excercising her access at her "new" residence...she was "oficially" moved out by the end of september 2009. On October 20 2009 the parties had a case conference that was adjourned until December 15 2009 and they were advised to seek mediation services. On October 28 2009 my husband filed a motion to be heard on Nov 24, on this day the respondents lawyer was not available and she had a "fill in", the Judge adjourned but made a temp order in which the schedule was set for a two week time frame with a return date of November 18 to argue the motion, the two week schedule made sure each party had a weekend, and the respondent had a mid week as well as a thursday that was a PA day, at this time the Judge also ordered OCL involvement. November 18 parties go back to argue motion but nothing has been heard back from OCL, different Judge Orders them to go back to the original 16 week schedule because respondent's lawyer says there is no problem with it, even though 5 minutes previously her lawyer was trying to settle the matter because she stated that the respondent agreed it would not work, so Judge makes oder to return to 16 week and adjourns again until December 15 waiting to hear back from OCL. Dec 15 Never happens because OCL didnt relpy back with the denial that would soon come until december 7...Now supposedly sometime shortly hereafter the respondents lawyer states to her that she is working less so she should pay less in child support ...agreed amount via sep. agreement is $600/mo, conveniently around x-mas time respondent pays less on her own accord without a court order to reduce. Previously in emails she uses revocation of child support as blackmail, and challenged CD to go to FRO....SO when she lowers child support of her own accord in December CD files an application for FRO intervention, the respondents lawyer who at this time was not actually even her lawyer anymore, (yet we were not informed) questioned CD's reasoning for filing an application with FRO considering they were in litigation and asking for his withdrawl from FRO. At this point the respondent has lowered hours in employment and sometime in December she took a "strees" leave from work we have evidence from her former lawyer...she stated that CD was causing her stress, and now we assume she is going for medical claims. So FRO gets involved...arrears were file from 2008 this was true and can be proven, but she tried to fight it, with no resolve. From March-August parties have 4 settlement conferesnce with no resolve, since March 201 the respondent has lowered her income, changed jobs,evaded FRO and somehow keeps getting away with all this. She told FRO she is broke and there is nothing they can dobecause she does not have the money, FRO filed a request to her new employer for garnisment but her employer hasn't complied, she lost her extended benefits for the kids, and her fight is to continue this...this is my summed up version and we are begging for your assistence and advice. She will not take less that 50/50 or 40/60 split...Question 1) There is a temp court order in place that they follow the 16 week schedule, yet the respondent deviates continously picking up and dropping off whenever the schedule does not suit her needs. CD's former lawyer stated to him if she can dictate and variate the court ordered schedule, then so can he so he took his now former lawyers advice and told her how it was going to be.....She sought Duty Counsel services and they sent his lawyer an email stating he could be held in contempt. So his former lawyer said maybe she is right....Yet she can continually deviate and do whatever she wants....Granted we want her more time we are NOT arguing that, but right now we live in an "on-call" lifestyle, the respondent is fightingfor more time saying shge doesnt get enough ...its insane on a level that is ludicrous and we are losing our minds over this...a year of this and NOTHING NOTHING done...Now it is a new month she is behind $100 in child support and when my husband calls FRO to find out if any payment has been made they inform him she isnt orking enough and that her "new" employer hasn't conformed to their request for garnishment...and the saga continues PLEASE HELP!!!!
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