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Father lying about time spent with the child

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  • Father lying about time spent with the child

    Hello all and thank you for reading the post and trying to help out

    Me and my ex have gone separate ways 17 years ago; i had a sole custody, father had visitation rights rarely used. In 2016 child decided to split the time 50/50 but a year later changed his mind and decided to come back to live with me.
    I have sent few emails to his father in 2017/2018 asking for the child support but he pretty much ignored me. Twice did he respond to this -once saying i can keep some money i owed on account of a purchase (less than $100) and second time asking if i would accept the money he spent on clothing as type of CS payment.
    We have a bad relationship which is irreparable. For the sake of my sanity, hoping he will pay for the school, I decided not to go to court.
    Our child is now 20 years old, in the university. Last year, his father stopped paying for the school as he wanted to benefit from the RESP I solely contributed to. I was not able to reason with him and was eventually forced to go to court and seek help. While there, i decided to ask for retroactive child support. It took judge 5 minutes to settle RESP issue.
    However, I am having horrible time with the child support as he is plain simply lying that the child spends equal time with him, that he is buying things for the child (somewhat true) and as such, no CS should be owed.
    I provided emails to court in which he does not deny that the child is with me, provided an email for that $100 i mentioned above, however, at the case conference he is saying that just because he wrote that, it does not mean it is true and he is not agreeing with what he wrote. Judge tried to have him agree to some settlement but he refused. The judge also said if this was a trial, documents i provided would be sufficient to prove my point.
    Since the judge cannot have him settle, we are off to a trial, which I am not looking forward to. We are both self represented. I have spent so much money on lawyers in the past that I could have put the child through university...
    questions:

    1) Is there anything I can say/ask at the trial conference that would make the judge decide that the child support is owed and stop this from going to a trial? Can I ask the judge to make any order on account of already provided evidence (or add additional evidence)
    -EX: He is using this as an opportunity to manipulate and abuse legal system- it is a waste of the court’s time and resources as ample evidence was provided
    2) Would additional evidence help me (I found another email in which he is asking if I would accept purchases he made for clothing as a form of CS.
    I also have an email from the child asking to live with me but did not gave it as evidence thus far as I did not want the child involved.

    3) Can I ask the child to set the record straight? (email him and ask where the primary residence is and nip this in a bud and prevent the trial)? Or ask that judge speaks with the child before proceeding with the trial?
    4) Can i ask the child to be a witness at the trial if it comes to that?
    5) Is it true that, if we go to a trial, this becomes easily searchable online (anyone Googling our names would easily find this case

    I also have a question re OSAP grants the child is receiving
    Given the father is not paying any child support, and grants are requested with my address as primary residence, using my income can I ask that the father does not benefit from these funds (so far, we have reduced tuition fees by the OSAP amount and then shared the costs)

    I am at the end of my sanity, any meaningful suggestion/ advice is welcome!

  • #2
    I don't know the answers to all of your questions but what I can suggest is you can probably a motion seeking interim CS on a non-prejudice basis.

    This will ensure that you get some support until the matter is resolved on a final basis.

    Sent from my ONEPLUS A5010 using Tapatalk

    Comment


    • #3
      Father lying about time spent with the child

      Originally posted by LoosingSanity View Post
      Last year, his father stopped paying for the school as he wanted to benefit from the RESP I solely contributed to. I was not able to reason with him and was eventually forced to go to court and seek help.
      If it was opened after the split and you contributed to it solely, itís yours, he can get bent.

      However, I am having horrible time with the child support as he is plain simply lying that the child spends equal time with him, that he is buying things for the child (somewhat true) and as such, no CS should be owed.
      He is obligated to prove residency with the child. If you have been claiming child as a dependent and kid has used your address for loans, you have all the proof you need. Unless he is spending the table amount of support then he isnít spending enough and owes support.
      1) Is there anything I can say/ask at the trial conference that would make the judge decide that the child support is owed and stop this from going to a trial? Can I ask the judge to make any order on account of already provided evidence (or add additional evidence)
      -EX: He is using this as an opportunity to manipulate and abuse legal system- it is a waste of the court‚Ä[emoji769]s time and resources as ample evidence was provided
      No. If he doesnít want to settle then it goes to trial. You can make him an offer to settle which includes a reduced child support amount but if he thinks hes right then he will push to trial. Thatís why you ask for costs.
      2) Would additional evidence help me (I found another email in which he is asking if I would accept purchases he made for clothing as a form of CS.
      I also have an email from the child asking to live with me but did not gave it as evidence thus far as I did not want the child involved.
      Use what the judge said was sufficient and stick to it.

      3) Can I ask the child to set the record straight? (email him and ask where the primary residence is and nip this in a bud and prevent the trial)? Or ask that judge speaks with the child before proceeding with the trial?
      You can call the child as a witness or have them submit an affidavit.
      5) Is it true that, if we go to a trial, this becomes easily searchable online (anyone Googling our names would easily find this case
      No its not. Only some cases go on canlii and many use initials.

      Given the father is not paying any child support, and grants are requested with my address as primary residence, using my income can I ask that the father does not benefit from these funds (so far, we have reduced tuition fees by the OSAP amount and then shared the costs)
      Grant funds come off the top of the total cost. But only the grants not the loan. 1/3 the cost goes to the child and the remaining 2/3 is split proportionate to income. He can say whatever he wants but it doesnít mean it will happen.

      Comment

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