The background - there is a court order from 2001 setting out a schedule for the children to spend time with their father. In 2011, the father, who has a lawyer, served a Motion to Change for cessation of child support. One of the reasons he says he should not pay child support is because he says that the children have been with him more than the mother for years and he has sent money from time to time to the older child away at university as well as paying his child support. Two of the three children are in or intending to be full-time post-secondary students and he says he has given the one currently in post-secondary money over the years (never the same amount, not regularly), he is willing to help the kids out while in post-secondary but he will not give any money through the mother. The father made lots of nasty and untrue allegations about the mother and while he doesn't come out and say the mother is using the child support for herself only, he lists the vacations she has taken over the years although his information is exaggerated and incorrect - it is quite a nasty, unprofessional document although it was prepared by a family law lawyer.
The mother cannot afford a a lawyer but she served a response indicating that the children followed the schedule set out in the court order and asking the father to contribute 1/3rd towards school expenses and pay child support for the months they live at home with her. She wants the money paid through the FRO to ensure it is paid on a regular basis.
She also indicated in her response that she would ask for retroactive child support as the father has never increased his child support since 2001 although the wife had not requested him to do so due to the facts that emotionally she has trouble facing the husband and also she was told by the FRO that she would have to go to court and she couldn't afford a lawyer. The father now indicates he will move to have all child support paid back to him from 2001 although his Motion to Change asks for repayment of child support from the date of the Motion to Change so I guess he isn't seriously looking back to 2001. He says she isn't entitled to any chihld support as he has always had the children most of the time and indicated he intends to seek all costs from the mother.
The mother indicated in her Response which is answered each allegation in a civilized manner but the main thrust of her response was that the children have kept to the schedule set out in the original court order for the past 10 years and she had received no notification from the father in complaint until receipt of his Motion to Change. The mother and father earn about the same money however the husband has a tenant in his house and a business for which he doesn't claim the income on his tax returns so the mother doesn't really know what his income is. Therefore, the Motion to Change executed by him and which attaches his income tax returns is not true.
My questions are:
1. In practical terms, I am looking for suggestions as as to how the wife can refute the husband's untrue claims that the children most of the time as she has been told that the children (although all are over 18) should not be involved in this motion by way of filing affidavits etc.?
2. If the answer to #1 is strictly on who has more credibility in the 'he says-she says', how much of an issue will it be that the husband, who is the applicant, has unclaimed income? The husband's lawyer knows of this allegation and the father admitted this was so in the presence of the lawyer and the mother. The lawyer said nothing and although the wife has written to the husband and his lawyer setting out her allegation and asking for the tax returns to be corrected, she has had no response.
3. She would like to settle the post-secondary expenses with him and while she is open to the concept of him contributing his 1/3rd to the children directly, she is worried about how this could be enforced without going back to court.
4. Will the court not order him to pay child support for the children while they are home from school from April 30 to September 1?
3. Any other suggestions welcome. Thanks.
The mother cannot afford a a lawyer but she served a response indicating that the children followed the schedule set out in the court order and asking the father to contribute 1/3rd towards school expenses and pay child support for the months they live at home with her. She wants the money paid through the FRO to ensure it is paid on a regular basis.
She also indicated in her response that she would ask for retroactive child support as the father has never increased his child support since 2001 although the wife had not requested him to do so due to the facts that emotionally she has trouble facing the husband and also she was told by the FRO that she would have to go to court and she couldn't afford a lawyer. The father now indicates he will move to have all child support paid back to him from 2001 although his Motion to Change asks for repayment of child support from the date of the Motion to Change so I guess he isn't seriously looking back to 2001. He says she isn't entitled to any chihld support as he has always had the children most of the time and indicated he intends to seek all costs from the mother.
The mother indicated in her Response which is answered each allegation in a civilized manner but the main thrust of her response was that the children have kept to the schedule set out in the original court order for the past 10 years and she had received no notification from the father in complaint until receipt of his Motion to Change. The mother and father earn about the same money however the husband has a tenant in his house and a business for which he doesn't claim the income on his tax returns so the mother doesn't really know what his income is. Therefore, the Motion to Change executed by him and which attaches his income tax returns is not true.
My questions are:
1. In practical terms, I am looking for suggestions as as to how the wife can refute the husband's untrue claims that the children most of the time as she has been told that the children (although all are over 18) should not be involved in this motion by way of filing affidavits etc.?
2. If the answer to #1 is strictly on who has more credibility in the 'he says-she says', how much of an issue will it be that the husband, who is the applicant, has unclaimed income? The husband's lawyer knows of this allegation and the father admitted this was so in the presence of the lawyer and the mother. The lawyer said nothing and although the wife has written to the husband and his lawyer setting out her allegation and asking for the tax returns to be corrected, she has had no response.
3. She would like to settle the post-secondary expenses with him and while she is open to the concept of him contributing his 1/3rd to the children directly, she is worried about how this could be enforced without going back to court.
4. Will the court not order him to pay child support for the children while they are home from school from April 30 to September 1?
3. Any other suggestions welcome. Thanks.
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