Remarried, can my ex go after my new spouse's income for additional child support?

[monk15]

With respect o the issue of child support brought up by billm.

During my divorce settlement in exchange for 50/50 joint custody/access I offered up everything to her which included our home (60k in equity), RRSPs (24K), all of our marital possessions and acquisitions. She assumed 14k in credit card debt and I assume 15k in outstanding debt for a lease on a vehicle (11K, which I lost as result of financial issues dealing with my criminal matter that she falsely facilitated) and a shed that was built in our back yard (4K) of the house she still lives in.

I offered $500 a month in child support because in her discovery she claimed to only be making $500 a week at her job. Three weeks after our divorce was finalized, her mortgage application reads that she actually made $1000 a week, which was confirmed by an additional discovery session after the fact.

I stopped paying child support the month I was arrested because I was basically financially ruined as result of all the publicity surrounding the incident. 30 days after my acquittal, the 15k of 2.5 years of child support arrears that had accumulated were wiped out by the family court. My driver's license was restored after 18 months of suspension for nonpayment of child support.

I pay for 50% of every expense surrounding my son and his activities, hockey, football, clothing etc. In fact, I was forced to purchase a complete wardrobe for him here because his mother is unwilling to send him here with anything other than the clothes he has on his back.

My position is this, if after all of that she wants to make it about an extra $200-$300 she might get a month, we can do that dance. But, the response she will receive will most likely undue her entire world. Not only will I seek 50/50 again, she will end up having to pay me support due to her financial situation. Plus, she will be facing a civil matter that will wipe her financially out just defending it, not counting the final judgment that I will be awarded for my costs and damages, which will in turn would put her on the payment plan to me for the rest of her life.

I think I've been pretty tolerant considering what I've been through.

[monk15]

Was there a court order clearly spelling out custody and access? If not, why not?

Yes, it was laid out like this. 50/50 week about at 6pm on sundays. Meaning he stayed with each of us a week at a time, going to the other home at 6pm every sunday.

However, outside of the usual holiday access (christmas, easter, etc) that was addressed, there was an extra provision made in the order. Every April my ex and her family travel to florida for a holiday. To accommodate this properly, I agreed to allow her a few days of my access so that she could take more than her 7 days. In exchange for that I would be granted those days I lost as make time whenever I chose.

Prior to leaving with my son, she agreed in writing to those two extra days being tacked on to the end of my usual week.

So her complaint to the police was at 6pm on Sunday, she failed to tell them about the extra days I had been granted, meaning my actual return time was to have been on Tuesday at 6pm, not Sunday as normal. So 3 hours later the cops show up saying your supposed to be back in Ontario at 6pm, you're under arrest for child abduction.

Obviously immediately at the point of my arrest I point out the 2 extra days I was entitled to and inform them that she was well aware of that prior to me leaving. It wasn't until the following day after I had been placed in the penitentiary that she admitted it on video to the police. As said earlier, 2 days after she admitted that to the police, she filed a motion without noticed due to my inability to respond because I was sitting in jail. She used the media reports in the motion to show that I had been arrested for abducting our son and made no mention of the 2 extra days, they quickly vacated our final order and my custody.

Now I'm sure some of you are sitting there wondering why did this proceed. Let me tell you why. My arrest was in June, the main purpose of my trip out there was to rent a summer vacation home on the ocean for us to go to during my summer vacation with my girlfriend and son. Crown and police made the assertion that because I had taken some household items like an extra TV and Computer and rented this summer house, I was obviously moving out of province with my son. This was despite my legal custody of my son at the time, the 2 days had to return him and that I had a home that I owned completely full of furniture and all my worldly possessions sitting back in my home town.

[staysingle]

The more I hear of your situation the more I am infuriated how your human rights were trampled on!!!

If you can elaborate, where did the police arrest you? You indicated scouting out a summer rental with your child.

Thanks

[shellshocked22]

Wow, she's a real piece of work, isnt' she ? Regardless, you should go after her big time in court if your lawyer thinks you have a good shot at winning.

[monk15]

The more I hear of your situation the more I am infuriated how your human rights were trampled on!!!

If you can elaborate, where did the police arrest you? You indicated scouting out a summer rental with your child.

Thanks

I'd prefer to keep the details off line just because there is publication ban in place and I don't need any heat, they are now looking under every rock they can as an attempt to deflect what is coming their way. I've already completed all the docs to file a "constitutional question", which has a very direct procedure in the court system, not much wait time, a prelim and straiught to trial. They most certainly violated my rights with their actions, that's going to be a whole separate issue aside from my civil action.

With respect to going after her, there is a basic line I needed to draw. First and foremost not sure it would improve my relationship with my son, which is important to me. Second, if I name her in a civil action, the police could easily attempt to put some blame in her direction, which could effect me in the end when a judgement is handed out in my favour. The primary reason to file a legal action like this is to seek restitution, the police have more financial resources and assets than my exwife.

I don't need revenge, my solid relationship after all of this with my son easily accomplishes that.