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  • #16
    Thank You

    Lindsay....thank you for all your information and advice....it is greatly appreciated.

    Well, I can see that I will likely need a Lawyer for this....it looks very complicated. I was advised I could represent myself in court, but you are right...there are alot of legal issues involved which is well beyond my feeble knowledge of Family Law.

    I know I have to do something soon on this, as I am still paying my court ordered monthly support payment to my ex-Wife. She has not offered 1 cent towards the support of my son while he is with me, which is creating alot of tension with my current Wife.

    As I want to get this sorted out immediately, is it a case of selecting any Family Law Lawyer and start proceedings to clear this issue up ? If so, is there a recommended list of Lawyers who deal with issues like this ?

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    • #17
      Hi Saint,

      In regards to the order that is still in place, I would still keep making payments. The last thing you want to do is bring a motion to vary and have the mother point out that you are behind on your child support payments. You may always ask in your materials for a reimbursement of the child support paid from the date on which you became the primary caregiver.

      The only way to vary your order is to start court proceedings, so I suggest you do this immediately.

      I am only really familiar with lawyers in the Ottawa area. What is most important is how you connect with the lawyer. Chemistry is crucial, because you have to be able to feel comfortable with your lawyer and know that you can trust him/her to represent you the way you want to be represented.

      I suggest that you start with the Internet. To me, a law firm with a web site that shows their mission and what they offer is a very good sign. Or, try a few consultations. Some lawyers offer free half-hours, while others don't. No one likes the idea of spending money on a lawyer they may not end up retaining, but I really think it will be worth it in the long-run when you find the right lawyer for you.

      Lindsay

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      • #18
        Thanks Again !

        Thanks Lindsay...by the way, I am in the Ottawa area. My apologies if this thread has gone from Financial Issues to Lawyers...it certainly was not intended that way.

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        • #19
          Hi Saint,

          No need to apologize! Conversation between two people isn't always on the same topic, right? The same goes for all of our threads. Besides, I'm sure the change in subject will help other people in your situation as well.

          Lindsay

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          • #20
            Here is the link for "A Guide To Procedures In Family Court" (Ontario):

            http://www.attorneygeneral.jus.gov.o...c/fc_part1.pdf

            I suggest that you obtain a copy of the police report for proof as to when your son began living with you.

            Comment


            • #21
              Latest Information

              Well...I have been away for awhile and lots has happened. I have hired a Lawyer to have the support payments ceased. I read all the fantastic information everyone sent me, and came to the conclusion I could not do this on my own. Thanks to everyone who participated in this discussion.

              I have continued paying my ex-wife, the monthly support payments, despite the fact my son is now living with me fulltime. My payments are sent to the Government of Ontario, and I dare not miss a payment. So in actual fact, my ex-wife is fraudulently receiving support payments from the Government of Ontario. She has not advised the Gov't of the change in my son's residence. I do not care about having my payments returned from her....I simply want to cut as many ties with her as I can.

              My son wishes to return to school in September. I have been advised by my Lawyer, that ex-wife will have to pay me support payments if he does this. To add another wrench into it, my ex-wife has advised my son he can return to her residence in September. If he decides he wants to do this (I don't know why he would), then this puts me back into a position of paying support back to her again after having it ceased.

              I have told my Lawyer I would rather have my son for 2 straight weeks each month and take care of him when he is with me and not pay support to my ex-wife.

              My question is this....if I am willing and able to provide for my son for 2 straights weeks out of each month, does my ex-wife have any right to stop this or demand support payments still be paid to her from me ? I would think because I am offering a 50/50 solution, the courts would not require me to pay her anything or receive anything from her....am I correct ?

              Comment


              • #22
                Hi Saint,

                I'm glad to hear that things are coming along.

                Parties have shared custody of a child when each parent has custody of the child not less than 40% of the time. So, having your son for two weeks out of the month gives you 50%. That doesn't mean, however, that child support will not be payable. In this kind of situation, the incomes of the parties are usually set off against each other.

                Say you make $100,000.00 per year. For one child, your CS obligation is $877.00 per month. Say your ex makes $80,000.00 per year. For one child, her CS obligation is $719.00 per month. So, despite the 50/50 custody, you would still have a support obligation in the amount of $158.00 per month.

                This rule isn't set in stone though. So long as your son is being properly cared for financially, that is all that matters. That being said, if you and your ex can arrive at some other kind of agreement, great. I don't know if that's feasible, however, considering what you have told us so far. Also, if your and your ex's incomes are very close, that would likely cancel out any support payments.

                In regards to your wife receiving support from the government (I believe you are referring to the FRO), it is not her duty to stop child support payments if the child is no longer living with her. It is the duty of the party who wants to make a change in the support payments or custody situation to make the first move. Also, as discussed previously, you may always ask the court for reimbursement of support paid to your ex while your son was living with you.

                The same goes for your ex changing the court order. Suppose you have the order and enforcement changed, and your ex is required to pay support to you. If your son moves back in with her, it will be her responsibility to change the order back, not yours.

                Lindsay
                Last edited by Lindsay; 05-30-2006, 10:14 AM.

                Comment

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