Ontario Works coming after my brother

[get-your-game-on]

Any advice would be greatly appreciated. Here is my brother testimony <O</O
My brother and his common law partner starting living together in his 5-wheel trailer on my land during 2008/2009. In the winter months they moved in with me. My brother worked full-time and she did nothing. She has two children, one from a previous common-law spouse and my brother’s son. The girl is 7, and his son is 4. During the time she was living here in my home, she was dealing with her other ex-common-law spouse to gain custody of her daughter. We found out later that she was lying about her place of residence to get custody of her daughter. (I have documents from her saying she was living some where else). My brother purchased some land and was in the process of building a home. In the summer of 2009 he moved his trailer up to his lot and she went with him and the kids. While he worked day and night at his job and building his house, she was in the trailer. His son was always by his side or with our family. In the winter, he rented a home for them and still worked full-time. She never worked and has not worked since 2006. Many times he would ask her to get a job but she would refuse. His house was completed in Oct 2010, when they moved in. Then in March 2011 (not even 5 months) she packed up the house at 4:30 am with her so called “movers” and took his son. Along with taking my brother belonging she also forged two cheques totalling $17,000.84. We are working with the banks regarding this. We found out that she moved 20 min down the road in the next town. He has a temporary order saying that his son’s residence shall not change, and week-about custody. Here is my ?? she has now gone on Ontario Works and is having her counsellor work with her lawyer and is coming after my brother for support for his son (which he wants to help), support for the other father’s child, support for her, and half of the fucking house. If she wants half the house, then she can have half the debt!! During the relationship she would use her credit card to purchase items for the home, and then my brother would write a cheque to her credit card to pay off the dept. (hence... SHE DOESN’T WORK) I have already photocopied and provided the statements to his lawyer. After reading many stories on this site, I am getting the feeling that common-law X has no rights to the house. Is that correct? Or, am I just wishful thinking? And why should my brother pay for the other father’s child. They have completed a Section 30 report, and it was definitely in my brother’s favour. It is to remain week-about. On the report she (the ex) mentioned to the counsellors that my brother had no relationship with her daughter. This is in writing…perfect. She is nothing but a gold digging b….. I have also seen paperwork that she claims single with the government (CCTB) and common-law with the court. She is also saying that OW is making her claim unjustly enriched. If this b… is awarded everything, so help me.This is exactly how I think of her: The Pity Train has derailed at the intersection of Suck It Up & Move On, and crashed into We All Have Problems, before coming to a complete stop at Get the Hell Over It. Any complaints about how we operate can be forwarded to 1 (800) waa-waaa. This is Dr. Sniffle reporting LIVE from Quitchur Bitchin'.</SPAN><O</O

[HappyMomma]

I could be wrong but I thought you could only claim unjust enrichment if you actually contributed to something - which she didn't.

As far as child support for her daughter goes - if she was in a court battle when they met then the girl's father should be paying support already. It's not your brother's responsibility. You can't have 2 people paying support for the same child.

[wretchedotis]

OW will seek compensation from the child(s) father in order to not have the tax payer foot the entire bill for her and the child(s).

This is not something the ex can stop or avoid. Its what OW does and she has no say in the matter.

[wretchedotis]

You can't have 2 people paying support for the same child.

Actually, as I understand it, this is completely possible.

Mom can collect CS from Bio Dad, and then 2nd marriage Dad too. Yes - for the same child. I'm pretty sure this is not only possible but also not that uncommon.

[get-your-game-on]

i agree, however i seen the final order from the previous common-law spouse and he doesn't have to pay CS. He wanted to get out of paying, so he agreed to do the travelling costs to see his daughter. Can OW still go after the other father even if there is a final order already.

[wretchedotis]

I think a Final Order trumps OW.

[mcdreamy]

As far as child support for her daughter goes - if she was in a court battle when they met then the girl's father should be paying support already. It's not your brother's responsibility. You can't have 2 people paying support for the same child.

Yes you can, it's going to happen in my file.

[get-your-game-on]

i thought no order was final and depending on circumstances they could change. am i wrong

[dinkyface]

Actually, as I understand it, this is completely possible.

Mom can collect CS from Bio Dad, and then 2nd marriage Dad too. Yes - for the same child. I'm pretty sure this is not only possible but also not that uncommon.

Wretched Otis ... WHERE ON EARTH are you getting your information from? It sounds like you have read some info from other forum posters (who may have read some 3rd hand anectode from another forum poster) and are just exaggerating it.

Can you provide some kind of source to back up your statement that double dipping on CS is common?

[momof6]

pretty sure I read on Canlii that in April 2011 (?) a court ruled differently about commonlaw and property rights. Sorry I don't have the details but will try to find it.

[wretchedotis]

Wretched Otis ... WHERE ON EARTH are you getting your information from? It sounds like you have read some info from other forum posters (who may have read some 3rd hand anectode from another forum poster) and are just exaggerating it.

Can you provide some kind of source to back up your statement that double dipping on CS is common?

I can't pinpoint a source for you off the top of my head - like I said it is simply my understanding.

McDreamy seems to have some personal knowledge of it.
When I said "it's not uncommon" I was trying to say "it's not unheard of".

I may be way off base- but I don't think so.

[NBDad]

The term you are looking for is "in loco parentis". ie. if the step parent basically acted and was seen by the child, as a parent rather than just 'the person married to my mother/father".

If the step parent attended parent teacher conferences, sports events, disciplined the child, help care for the child when sick, was given father's/mother's day cards/gifts from the child, etc, etc etc.

The kicker with requesting support from a step parent is that you must PROVE entitlement, it's not automatic as it is with Bio Children. It must be proved that the step was considered an actual "parent" in the eyes of the child.