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-   -   C gets income assistance bit doesnt claim the cs she gets (https://www.ottawadivorce.com/forum/showthread.php?t=21018)

mehmehmeh 05-10-2017 10:29 PM

C gets income assistance bit doesnt claim the cs she gets
 
M and C have 2 children together. They are separated,there was no marriage).
M pays C the correct amount of cs for both children. Stupid thing is, he doesnt go through ME nor does he keep records bit he does pay her cash every 2 weeks for the last 3 yrs.
C is on welfare and has never claimed th cs she gets from M to welfare. A case worker was updating C"s file and noticed there was no claim for child support and she has to take him to court.
C sends M a text telling him of this and M's response was 'dont get me in troube with this because i pay you the amount im supposed to every 2 weeks. So dont lie about that.'
C's response was. 'Its not about you, i told them you get groceries and whatever we need but that you dont pay cash... Even though you do. I lied and told them you dont pay me cash."
Can this text be used in court to prove she lied and that she admited that M pays her what hes supposed to?

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LovingFather32 05-10-2017 11:07 PM

Geez .. you just broadcasted your cell # to the world .. careful with that.

Yes you can use the texts to show CS has been paid. Seems pretty cut and dry to me.

We would call that... Exhibit A!

arabian 05-10-2017 11:12 PM

It proves the two are both complicit IMO.

Father aided the mother in defrauding welfare.

Mother could lose all of her benefits.
Father could be assessed all of child support going back 3 years (since separation).

Father needs to retain his own lawyer for legal advice.

trinton 05-11-2017 12:18 AM

Rule #1 - never pay ex cash.

I feel mods should be removing those texts. We don't need to see them or phone number. Show them to judge. Can you prove how much you hsve been paying? What if she says you paid $50 one month and $30 the next month and some months you didn't pay?

Stop paying cash immediately and start sending cheque for right amount. Don't hide your paystubs. Hopefully you have bank withdrawal reciepts to sort of show how much you pulled out before payment was due when you paid her cash.

What she was doing was welfare fraud. What you were doing was wrong too but she had an obligation to report cash recieved - you didn't know that and you only paid that way because it was convenient and didnt want go through 3rd party.

My ex sends me sketchy messages like this all the time.

/ignore.

mehmehmeh 05-11-2017 02:46 AM

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mehmehmeh 05-11-2017 02:57 AM

Sorry bout the pics guys. I have no clue how to delete them

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Jeff 05-11-2017 07:34 AM

Texts have been deleted.

mehmehmeh 05-11-2017 07:46 AM

Thanks so much

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freckles1234 05-12-2017 11:13 AM

There are 2 separate issues:

1. Did you know she was in receipt of welfare and she didn't claim it? How long has this been going on? Are you in Ontario?

You need to never admit you knew if you did know. You need to claim that her financial matters were none of your business and you were paying cash as per your agreement with her. Ontario Works representatives will roast you if they think that you knew you were doing something wrong and continued to do it.

It seems strange to me that Ontario Works is worrying about this now? As of February, CS is separate from Ontario Works and not deducted as income. So unless it has been years and Ontario Works has a lot to gain from it, it seems your ex has been told by someone/google that if you pay cash and can't prove it she may be entitled to back pay.

2. You need to gather as much proof as possible. Yes that text will help but you also need to show consistent withdrawls, maybe a witness or 2 that saw you pay her? STOP PAYING CASH NOW!!!

mehmehmeh 05-12-2017 12:15 PM

Thanks. Its not for me, its for my friend and its in ns. He knew she was on welfare but didnt know anything about the child support needing to be claimed until she texted him that message.
I would be acting as a witness if he chooses to go that route, so would 3 others. We just cant confirm the amount he gave her. He's working on getting bank statements. An i appriciate everyone input on this matter :)

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