FRO and disability benefits

[Leviathan]

My stbx, her lawyer, my lawyer and I had a meeting to come to some kind of agreement with ss and cs. When we discussed cs and the fact that my stbx's ex husband (who's the biological father and his only income is disability) is registered with FRO and he should be contributing (lowering my cs obligations), her lawyer was adamant on the fact that he's a deadbeat dad and there's no way they can get any money from him.

Basically I'm in loco parentis and they're trying to get the full cs guideline support from me.

My lawyers quite confident that this will not be the case and used past case histories as examples to prove the exact opposite.

Any ideas/suggestions/help??

[NBDad]

HER inability to enforce her ex to pay his CS obligations is not your problem. The bio dad should be paying X and he's not.

Your lawyer is correct. If you and your ex have split up, it would be a material change in circumstances that could cause the CS between her and her ex to be recalculated. (though it sounds like he's supposed to be paying tables anyway)

Him being a deadbeat should have no weight on YOU having to pay more. Take table amounts LESS what bio dad is supposed to be paying and offer her that.

She doesn't like it, too bad so sad.

[Leviathan]

HER inability to enforce her ex to pay his CS obligations is not your problem. The bio dad should be paying X and he's not.

Your lawyer is correct. If you and your ex have split up, it would be a material change in circumstances that could cause the CS between her and her ex to be recalculated. (though it sounds like he's supposed to be paying tables anyway)

Him being a deadbeat should have no weight on YOU having to pay more. Take table amounts LESS what bio dad is supposed to be paying and offer her that.

She doesn't like it, too bad so sad.

Thanks NBdad..I'm hoping the laws are the same here in Ontario..

The stbx's lawyer was adamant that there was no way we'd be able to use that in court..I should put a little more faith in my lawyer I guess..

The stbx's lawyer went on and on about how she doesn't use divorce mate to settle cs and ss...(basically)

My lawyer was actually quite shocked!!

[NBDad]

The CS guidelines don't vary THAT much from province to province. Oh they may have different form names, and the laws may be worded a LITTLE different, but at the heart of it, support is support is support.

She has to disclose the CS she is supposed to be getting from Bio-Dad as part of her financials. IF he's in arrears, so what? It's STILL money that is owed to her and should be documented. If it's not, show that.

She shouldn't be able to collect double support. If YOU have a higher income than he does, AND you admit to standing in place of a parent, then yes, unfortunately you pay something. (though if you want to continue access with the kid, you can push for that and would likely get it).

An offer of YOUR table amount, LESS his is fair and reasonable. If they push it to court, you ask for costs.

[Leviathan]

The CS guidelines don't vary THAT much from province to province. Oh they may have different form names, and the laws may be worded a LITTLE different, but at the heart of it, support is support is support.

She has to disclose the CS she is supposed to be getting from Bio-Dad as part of her financials. IF he's in arrears, so what? It's STILL money that is owed to her and should be documented. If it's not, show that.

She shouldn't be able to collect double support. If YOU have a higher income than he does, AND you admit to standing in place of a parent, then yes, unfortunately you pay something. (though if you want to continue access with the kid, you can push for that and would likely get it).

An offer of YOUR table amount, LESS his is fair and reasonable. If they push it to court, you ask for costs.

Yea, my lawyer says the same..I just needed to hear it from others to I guess..

Thanks NBdad..I'm thinking her lawyers pulling the wool over the stbx head and making her think she can get the full amount outta me