Court ordered remedies?

[rockscan]

The supreme court says 3 years. If he didnt update when his income went up by 100 grand then hes definitely in the wrong.

Getting an agreement done isnt controlling. If anything, sitting outside your house and the school is controlling and intimidating behaviour on his part.

If anything you are impatient.

[Hide on Bush]

Just my opinion....you are trying way to hard on this and it is looking a little weird maybe controlling.
Due diligence has already been done and either your ex is going to step up or not; you can't control what they do.

I can understand the controlling aspect, and that is more around because my ex refuses to do anything and I am in the position where their blame is going to placed on me because I have sole decision-making, and my son lives with me and spends the large majority of the time with me. I just want to make sure my basis are covered if this does go in front of a judge.

One can go back as far as 8 years I think but also may not get it unless they have a good reason or are proactive. A couple of years may not be an issue.

The $10,000 owed in CS is just for the past 2-3 years. The current payments for child support are based on an income reported back in 2019. Each year since then he has made drastically more.

Currently, I have offered various things including the most recent offer for my ex to conduct therapy with my son. If he is unwilling to do that, once I receive the motion date I have prepared:

Form 14: Notice of Motion

Form 14C: Confirmation of Motion

Factum (30 pages)

Form 14A: Affidavit - Steps taking to resolve this matter (with supporting documentation as exhibits)

Form 14A: Affidavit - History of this occurrence (background, CAS involvement, allegations of animal abuse to allegations to emotional abuse, to my son claiming he was suicidal, to now when my son is starting to refuse to go)

Form 14A: Affidavit - All time my ex has missed as a result of this with an explanation on why for each matter (with supporting documentation as exhibit)

Remember I am self-repped and I'm not sure what I really need to have a strong case so I compiled more then I may need (or not enough) which is why I am always open to suggestions.

[pinkHouses]

Right now I'm worried that if I don't get the courts involved then nothing is going to change between my son and my ex's relationship. Further, I believe my ex will file for contempt because my son wont go with my ex which is against the current order.

Just my opinion....you are trying way to hard on this and it is looking a little weird maybe controlling.
Due diligence has already been done and either your ex is going to step up or not; you can't control what they do.

[rockscan]

Yes. He should have updated as soon as his income changed or at least on an annual basis when he received his notice of assessment. He hasnt been acting in good faith.

Now that he is playing this game of harassing your son to get him to do what he wants, he is demonstrating poor behaviour in that way.

He isn’t making himself look good at any rate. Don’t take what his lawyer says as gospel. He instructs his lawyer and the lawyer is an asshole on his behalf.

[pinkHouses]

CS is the right of the child so they can claim whatever they want. A judge sees it as the child�s money and if he is making more, he should be paying more.

I can't wait for these words to be more than just words.
For s7 expenses this holds true but for the table amount it is simply income for a parent and all they must do is ensure the most basic of needs are met.


One can go back as far as 8 years I think but also may not get it unless they have a good reason or are proactive. A couple of years may not be an issue.

[Hide on Bush]

CS is the right of the child so they can claim whatever they want. A judge sees it as the child�s money and if he is making more, he should be paying more.

Is back child support on the same grounds? My ex owes about $10,000 in back child support...

[rockscan]

CS is the right of the child so they can claim whatever they want. A judge sees it as the child’s money and if he is making more, he should be paying more.

[Hide on Bush]

My comment was more along the lines of it isn�t status quo as he owes support. If he is going to bully your son then he can pay his full support amounts.

Oh absolutely. I have been debating dealing with the CS and s7 side but I don't want to look greedy dealing with the CS and s7 side of the matter when my son is currently in this situation. I don't want to set the narrative that my focus is around finances because my ex would jump on that faster than anything.

I had never asked to raise any of the support I got, and the one time I requested an alteration in s7 as my ex went from $70,000 to $171,000 per year, I became the "greedy" parent and they have been using that narrative ever since.

[rockscan]

My comment was more along the lines of it isn’t status quo as he owes support. If he is going to bully your son then he can pay his full support amounts.

[Hide on Bush]

Plus there were financial aspects of your filing correct?

Only in the sense that if my ex was putting me in the position to file through the courts I was going to seek costs.

I never once sought costs of any sort if the courts weren't involved.

Ex made $100,000 more in 2021 then he did in 2020, and I never sought to raise CS or s7. I only sought to do it when ex filed a motion to lower s7 because he did not agree my son should be in summer camp nor participating in hockey.

I've never been about the money. I just want my son to be happy. At the end of the day, if my son had a good relationship with his father, my life becomes so much easier.

[rockscan]

Plus there were financial aspects of your filing correct?

[Hide on Bush]

Just wondering why you need to go to file in court and not just let status quo continue. Make him file for parenting time... ignore the rest....

Right now I'm worried that if I don't get the courts involved then nothing is going to change between my son and my ex's relationship. Further, I believe my ex will file for contempt because my son wont go with my ex which is against the current order.

[arbortrail22]

Just wondering why you need to go to file in court and not just let status quo continue. Make him file for parenting time... ignore the rest....

[pinkHouses]

I dunno what rockscan said cause they are on ignore :-(

FLR 18 (11):
(11) If an accepted offer does not deal with costs, either party is entitled to ask the court for costs. O. Reg. 114/99, r. 18 (11).

[rockscan]

I wouldnt make this correspondence and offer. I would tell them what you are open to and ask for a suggestion. You can do a formal offer with your motion. The reason being that you can note in your motion that you asked them twice about this and they refused.