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Expunging Child Support

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  • Expunging Child Support

    A friend has received a motion from her Ex where he is requesting expunging child support.

    The court order for him to pay was issued in 1996 and he has never paid support (quit his job, lost his drivers license etc and moved out of province in order to avoid paying).

    He owes a total of $90k +

    My friend is concerned for her safety and has avoided him knowing her whereabouts so she is very anxious about attending court to defend the motion.

    I know there is probably not enough information here, but my questions are:

    1. He did not issue the motion to FRO - isn't that who would normally hande such requests (it seems form the Act they work on orders form the court, so I assume he didn't need to include FRO?)

    2. His address and employment information is now known - should my friend report that to FRO so they can pursue their collections process and would they act in time before the motion is in court (Aug 20th).

    3. If my friend does not appear in court, will she lose the motion automatically? One other party served the motion (as they have claims to the CS as well) did respond with an affidavit, for which my friend received a copy (that is how she found out a motion was in process and how he got her address, as she was listed as the respondent).

    And the big one...would he ever be likely to have the CS payments expunged just because he has been hard to track and get payment form .

    BTW It seems FRO didn't really pursue it vigorously once he moved out of province. I do believe there was a warrant for his arrest so would calling FRO and the police be appropriate as his current address is now known. PS Some family members have known he was back in Province (for a couple of months) and said nothing.

  • #2
    First off, I want to thank all those whom have taken the time to put forward their thoughts and suggestions. Second and more importantly, I don’t want anyone to think that I’m trying to avoid CS obligations as I take the caring for a child very seriously regardless of my feelings towards the Mother. More to the point it seems that the system wants pin the CS obligations on anyone standing to close. My 18 stepdaughter’s Father can avoid his responsibilities by being on WSIB benefits and below the threshold. The Mother who of both children refers to CS as income and by way of subterfuge (i.e. Recovering from cancer 4 years ago and a daughter with a as of yet undiagnosed illness of 2 years) convinces the courts that she is unable to work because of her and her daughters issues with health. She is running a cash business from her home and claims minimal income from it. Therefore, by default I’m the person everyone is looking to for the money. An item that the courts seem to overlook because of “the money issue” is that the Mother in unable to get my son to school while in her care (now averaging over 25 days of missed classes for 3 years consecutively; she’s been issued truancy notices from the School Board). I’ve long put forward that I would like to have him with me full time but NO what Mommy wants Mommy gets. When will the courts start to see Fathers as primary care givers?
    NOW after all of this nonsense I have another question for the group.
    During the Case Conference, I was ordered to provide detailed account statements for all of my bank and credit cards for the last 18mths even though the disputed support is only 12mths. Is this right, it seems to be an invasion of privacy. Isn’t CS based on income proven by way of tax statements? What will happen if I don’t provide them at the Case Settlement? Can or will I suffer for doing this. I don’t have problems giving them to the courts but the Ex would share all the info with other members of her family and friends and I feel it’s none of her business. What can I do to stop this?


    • #3
      Think you may have posted to the wrong thread.


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