Question ā Should I seek Child Support?
I am a divorced Dad with full custody of 2 young children (4 & 8 yrs old). My ex-wife was working for up to a year after separation but now states she barely works. We signed a divorce agreement which states every year her support would be reviewed based on her income (this year she says she made only $7000). Her current amount for support is $0 since I did not want to drag on the legal proceedings past 2 years and agreed to it as long as we could review her support every year (written in separation/divorce agreement).
Problem I have is she has moved and will not give any contact info - except through her lawyer which takes 2 to 3 months for a response. She also will not pay or agree to even basic extraordinary expenses for the kids. She has not asked or seen the kids for over 2 years. I know she still lives in the area and works occasionally at her old job. She just went on maternity leave (has had 2 children with her new partner since separation - which was Feb 2008).
The item that worries me is that I always made twice her income and that she may want to go after alimony if I ask the court to have her income imputed (ā she agreed to no alimony in the divorce/separation agreement). I make a decent income so should I just forget having her support her children. I get frustrated that she has gone into hiding again (both physically and her finances) and will not provide anything for her children.
Should I file for a "Motion for Change" to get her income imputed and have her pay the FRO so I do not have to deal with this issue anymore.
Iām also concerned that once I inform her lawyer that I want CS support (and go to court) he will drop her as a client and I will not be able to serve her court documents). He has in the past - during negotiations with lawyers for our divorce/separation ā said he would not admit to being her legal counsel or go to court with her. Then he signs our separation agreement and her financial records as her witness/ legal counsel. Do I try to get a court date but find out I can not serve her?
I live in Ontario. It frustrates me that she abandoned her kids and since I have full custody she believes she does not need to provide any support.
I am a divorced Dad with full custody of 2 young children (4 & 8 yrs old). My ex-wife was working for up to a year after separation but now states she barely works. We signed a divorce agreement which states every year her support would be reviewed based on her income (this year she says she made only $7000). Her current amount for support is $0 since I did not want to drag on the legal proceedings past 2 years and agreed to it as long as we could review her support every year (written in separation/divorce agreement).
Problem I have is she has moved and will not give any contact info - except through her lawyer which takes 2 to 3 months for a response. She also will not pay or agree to even basic extraordinary expenses for the kids. She has not asked or seen the kids for over 2 years. I know she still lives in the area and works occasionally at her old job. She just went on maternity leave (has had 2 children with her new partner since separation - which was Feb 2008).
The item that worries me is that I always made twice her income and that she may want to go after alimony if I ask the court to have her income imputed (ā she agreed to no alimony in the divorce/separation agreement). I make a decent income so should I just forget having her support her children. I get frustrated that she has gone into hiding again (both physically and her finances) and will not provide anything for her children.
Should I file for a "Motion for Change" to get her income imputed and have her pay the FRO so I do not have to deal with this issue anymore.
Iām also concerned that once I inform her lawyer that I want CS support (and go to court) he will drop her as a client and I will not be able to serve her court documents). He has in the past - during negotiations with lawyers for our divorce/separation ā said he would not admit to being her legal counsel or go to court with her. Then he signs our separation agreement and her financial records as her witness/ legal counsel. Do I try to get a court date but find out I can not serve her?
I live in Ontario. It frustrates me that she abandoned her kids and since I have full custody she believes she does not need to provide any support.
Comment