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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-04-2020, 11:13 AM
excel excel is offline
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Default Sudden change in custody..now what ?

My ex and I have joint 50/50 care and custody of our 2 boys ( age 14 and 17 ) . Suddenly the 17 year old said he wants to live with me exclusively because of geographical issues . i live close to his work and school and ex lives 40 minutes away with no public transit service . I am fine with it and I suspect that my ex agrees it is in his best interest . The problem is I used to pay her a small amount of child support . With the oldest living with me exclusively and the other going back and forth , she would then owe me child support ( which I am sure she doesn't want to pay ) . From past experience , I know I need to have everything in writing as verbal agreements mean nothing .

What actions do I need to do asap ?
Just a written agreement between the two of us ? A court order ? Something else ?
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Old 03-04-2020, 11:25 AM
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Do you want her to pay support? Is it worth the legal fight for a year since kid will be going to school?

If you dont want the support, simply do up the agreement and sign it.

If you do want support, look at how much it is and how much you would spend to fight her and decide if its worth it. If it is then you would file a motion to change.

You could also say instead of support you would agree to changing the wording so you can claim the kid every year as an eligible dependent.
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Old 03-04-2020, 12:07 PM
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Have the kid live with you for about 4 months, then send an email asking for child support. When she says no, stall another 4-6 months, then bring her to court. You will get child support from the day you sent the email message.

It will totally be worth going to court. Don't forget that not only will you get all that child support, but you will also get a big chunk of your lawyer fees back from your ex.
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Old 06-01-2020, 02:53 PM
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i tried the delay tactic . Its been 3 months .

What do i do if she sent me an email saying she will send me money for support 2 months ago and then never followed through with it ?

Continue to delay a few more months and go to court ?

With Covid , who knows when the counts will ever hear a motion again .
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Old 06-01-2020, 03:25 PM
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Quote:
Originally Posted by excel View Post
i tried the delay tactic . Its been 3 months .

What do i do if she sent me an email saying she will send me money for support 2 months ago and then never followed through with it ?

Continue to delay a few more months and go to court ?

With Covid , who knows when the counts will ever hear a motion again .
when she sent that email was there an amount set?
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Old 06-02-2020, 12:16 PM
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We had a verbal discussion when my son first decided to live with me exclusively . We discussed that i would seek child support . I thought it went well .

I followed up with an email outlining exactly the monthly payment amounts payable from her to me for the child .

It was basically an amendment to our original SA . ( asking for signatures and witness signatures as well ) .

She answered that email with an email reply stating she would " send me money at the end of the month " .

She never sent any money and she has not contacted me with an explanation or anything else since .
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Old 06-05-2020, 08:24 AM
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have you contacted her asking when you can expect payment?
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Old 06-05-2020, 11:31 AM
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yes. no reply
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Old 06-05-2020, 12:33 PM
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Why the rush?

She agreed in writing to pay child support. This will be trivial to enforce. I would not panic about this at all.

If you want, send a monthly reminder adding up arrears.

June: Friendly reminder, child support for this month is $700 as we agreed. The total amount owed up to this date is $2100

July: Friendly reminder, child support this month is $700 as we agreed. The total amount owed up to this date is $2800

August: Friendly reminder, child support this month is $700 as we agreed. The total amount owed up to this date is $3500


Eventually the courts will be back in session, and you bring all those emails, get a court order, submit it to FRO, and let them work their magic.
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Old 08-18-2020, 12:57 PM
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Hello. Since Covid looks like it will remain for a long while still , do you think I should file this motion now ?
Has anyone had any motions heard virtually in Ottawa or is it still a waiting game ?
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