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My Family Law Trial - Part 2

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  • My Family Law Trial - Part 2

    Child Support

    Current 1,176 per month

    I said - should stay the same
    She said - increase to 1,618 per month

    Ordered 1,305 per month

    Child Support Arrears

    I said - 0 arrears
    She said - 6,718

    Ordered - 1,638

    My whole basis for saying no increase in child support and no arrears was because she owes me 25,000 due to property settlement.

    Judge ordered I cannot offset that money owing due to property settlement against child support and he also ordered that she doesn't have to go on a repayment plan. It can only be recovered through not paying spousal support. I pay $1 in spousal support.

    This annoyed me because she gets to jack up child support without having to repay me the money she owes me. Yes they say child support is for the children but we all know it all isn't going to the children - she is spending at least some of it on herself.

    Look at the difference in child support - 129/month. At this rate I get repaid in 193 months - 16 years. Now there is no spousal support being paid and there would be about 300 / month at the current time. Spousal support is tax deductible so that is only a repayment of about 160 per month. It will be years before I am repaid and I was not a happy camper.

    But that was what was ordered

    The issues of Divorcemate's fraudulent program as well as MySupportCalculator.ca junk did not come up as she was not seeking to increase spousal support. As a side note, it was acknowledged that her first lawyers spousal support calculation was fraudulent and I ended up paying 6,500 in spousal support that I did not owe. Will I ever see that back?

    Lesson

    Get your fair share of the property proceeds upfront. It will be years before you are repaid if ever.

    Do not accept Divorcemate's spousal support calculation if you feel it is wrong. (which it likely is). Divorcemate calculation isn't law and shouldn't be until they fix the bloody thing. Even if it was perfect, there is still a huge problem because lawyers are too stupid to enter the information in the proper place. I know this because I had a copy of the program at one time. (I didn't renew it) And remember Mysupportcalculator.ca is a watered down version of Divorcemate and shouldn't be relied on for anything. It is garbage.

    I hope this information helps some people who are going through Family Court hell.

  • #2
    So if she owes you $25,000 and that is court ordered, wait 6 months for a payment, then take her to small claims court inorder to have her wage garnished.

    How much access and custody did you get? How old were your children?

    Another option is to put a lean on the property so that if she sells it the money comes to you first.

    Comment


    • #3
      then take her to small claims court
      If it is court ordered then you can proceed directly to enforcement.

      Comment


      • #4
        Who will do enforcement for equalization payment of the property?

        It's not a support payment so I don't think FRO would enforce.

        Comment


        • #5
          ^ A court order to seize her assets.

          Comment


          • #6
            Who will do enforcement for equalization payment of the property?
            The sheriff.

            A guide you may find helpful (link is to .pdf attachment):
            https://www.google.ca/url?sa=t&rct=j...,d.dmg&cad=rja

            Comment


            • #7
              Originally posted by OrleansLawyer View Post
              The sheriff.

              A guide you may find helpful (link is to .pdf attachment):
              https://www.google.ca/url?sa=t&rct=j...,d.dmg&cad=rja
              Can you post the search link and not the link to the file.
              I don't want to open any document without seeing where it's comming from.

              Comment


              • #8
                Go to:

                www.lawhelpontario.org and search for "A Guide to Enforcing Your Order"

                Comment


                • #9
                  Thanks for the link.

                  Comment

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