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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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  #31  
Old 09-15-2021, 02:12 PM
rockscan rockscan is offline
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To be honest I dont think youll make it past the settlement phase. Your ex will more than likely be told what she is and isnt entitled to and settle quickly. She has to pay her lawyer too and making unrealistic demands gets costly. At this point she is expecting you to make a knee jerk reaction and get more than she is entitled to. Which is why everyone is telling you not to do it. She has limited (most likely no) entitlement to anything other than cs and if you end up on LTD it goes down. So she is making all kinds of accusations and scaring you into giving her more. You get to the case conference and your case is laid out that she disappeared after the first lump, kid was sent off somewhere, you tried reaching out to her, she came back demanding more money she isnt entitled to and you are looking at sick leave. A court will not award anything she isnt entitled to and her extortion attempts will fail. Then in the next few years when things change you can avoid having her come back demanding more.
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  #32  
Old 09-15-2021, 04:55 PM
gmcode gmcode is online now
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thanks rockscan, you sound very analytical and professional. I heard for older kids like high school students voluntarily withdraw from the parent and no relationship with the parent in the past are not entitled to retro CS, is that correct? Thanks.
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  #33  
Old 09-15-2021, 05:20 PM
rockscan rockscan is offline
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No this isnt true. I havent seen a case where a judge agreed to no cs for a child who has withdrawn from a parent. My husbands two kids both cut him off and he still had to pay cs and school expenses.

I try to approach this as not giving in to someone trying to extort money. My husbands ex claimed he owed her 80 grand and made a pile of false allegations in her documents. It was brutal but she wasnt entitled to more than $5,000. A judge blasted her at a motion and she came back and settled. Some women approach this thinking they will get what they want as judges are sympathetic. This has not been my experience in any of the cases I have read.
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  #34  
Old 09-15-2021, 05:31 PM
gmcode gmcode is online now
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I meant the retroactive CS, not the on going CS. I read an article online saying kids voluntarily withdraw from the parent and maintain no relationship with the parent in the past are still entitled to CS but not the retro CS.
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  #35  
Old 09-15-2021, 07:15 PM
rockscan rockscan is offline
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I havent seen any cases of that.
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  #36  
Old 09-15-2021, 07:56 PM
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See this https://shawyerlaw.ca/services/child-support/

“However, a child who did not have a relationship with the paying parent during their childhood cannot make a claim for retroactive support once they voluntarily withdraw from parental care/control.”

Not sure it is the rule of the thumb or case law. Any typical way to find a specific case law?
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  #37  
Old 09-15-2021, 09:06 PM
rockscan rockscan is offline
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I think you are worrying about something that probably wont happen. If you choose to pay ongoing support with annual adjustments there is no issue.

Besides, your ex would come back anyway when the money runs out whether or not she was entitled.
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  #38  
Old 09-18-2021, 10:48 PM
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A lawyer told that as I am on disability leave, it should be OK if she signed the agreement that she is aware of my health issues, she won't claim further CS later on if I am off work in the future. The judge usually won't order periodic CS again as the custody parent agreed to the advanced CS given the awareness of the payer parent's health status, and the payer is off work after the lump sum CS paid. Does this sound reasonable? Thanks
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  #39  
Old Yesterday, 09:54 AM
rockscan rockscan is offline
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I have never heard of this. People on EI still have to pay cs so I doubt a judge will say no for LTD. Not to mention lump sum cs does not cover school expenses which you are also obligated to pay.
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