6 months ago, my ex and I agreed and signed a Consent Motion to Change containing various terms including arrears. When I submitted it to the court, it came back with an endorsement requesting affidavits from both parties with verification on the arrears. My ex failed to do so. Now presently, he is trying to go for full custody and change child support to be based on access time and not finances.
For a little bit of history, I have had full custody of 9 out of the 9.5 years of my Son's birth. In 2019, my ex forfeiting all decision-making responsibility for $1000 off of arrears. My ex gets my Son every other weekend and 2 hours on Wednesdays. My ex also make $171,000 this year while I made $25,000...
My ex recently engaged CAS on me claiming I was not providing him with his allotted access time, however when I met with the CAS Case Workers, I provided them with video footage from my security cameras of all of the exchanges completely show he lied to engage CAS on me.
Now, my ex and his lawyer are submitting a Response Motion to Change to the Consent claiming Material Change. That Material change is my ex claiming my Son lives with my parents. My Son has been with my parents solely due to them being my child care. Occasionally, my Son will spend the night with them, but not every night. My ex absolutely knows this.
Additionally, I have various documents showing my Son's address being the same as mine including his health card registration/address change, his hockey registration, school registration, an Affidavit from my Mother, and my medical and dental benefits of my Son showing the address.
I have provided these documents to my Ex and his lawyer and they are still looking to proceed through the family court. Additionally, they didn't even attempt to contact me for any form of communication/mediation to voice concerns, they just engaged the court system.
While I made $25,000 this year, my husband's income places us above the ability to get legal aid. The last two times I went to a Case Conference, in total, it cost me $20,000 because my ex would continually agree to terms, then at the last minute change his mind and we would be required to go through the process again. He's always had the money and used that to try and financially suffocate me.
As I suspect he is trying to use the court to continue his harassment on me based on continuing to file documentation based on the sole material change being my Son's address (even though it clearly isn't and I've provided that documentation), what can I do to get ahead of this to try and prevent me from having to take days off of work to deal with the court again.
tl;dr
- Son is 9.5 years old
- Ex has had custody for the first few months of Son's life, after that, Son has lived with me the entire time
- Ex has no knowledge of anything of Son's life ie medical, dental, education matters
- Ex is now seeking full custody and to have child support based on access and not income (ie he wants me to pay him child support even though I make $25,000 per year and he makes $171,000 per year).
For a little bit of history, I have had full custody of 9 out of the 9.5 years of my Son's birth. In 2019, my ex forfeiting all decision-making responsibility for $1000 off of arrears. My ex gets my Son every other weekend and 2 hours on Wednesdays. My ex also make $171,000 this year while I made $25,000...
My ex recently engaged CAS on me claiming I was not providing him with his allotted access time, however when I met with the CAS Case Workers, I provided them with video footage from my security cameras of all of the exchanges completely show he lied to engage CAS on me.
Now, my ex and his lawyer are submitting a Response Motion to Change to the Consent claiming Material Change. That Material change is my ex claiming my Son lives with my parents. My Son has been with my parents solely due to them being my child care. Occasionally, my Son will spend the night with them, but not every night. My ex absolutely knows this.
Additionally, I have various documents showing my Son's address being the same as mine including his health card registration/address change, his hockey registration, school registration, an Affidavit from my Mother, and my medical and dental benefits of my Son showing the address.
I have provided these documents to my Ex and his lawyer and they are still looking to proceed through the family court. Additionally, they didn't even attempt to contact me for any form of communication/mediation to voice concerns, they just engaged the court system.
While I made $25,000 this year, my husband's income places us above the ability to get legal aid. The last two times I went to a Case Conference, in total, it cost me $20,000 because my ex would continually agree to terms, then at the last minute change his mind and we would be required to go through the process again. He's always had the money and used that to try and financially suffocate me.
As I suspect he is trying to use the court to continue his harassment on me based on continuing to file documentation based on the sole material change being my Son's address (even though it clearly isn't and I've provided that documentation), what can I do to get ahead of this to try and prevent me from having to take days off of work to deal with the court again.
tl;dr
- Son is 9.5 years old
- Ex has had custody for the first few months of Son's life, after that, Son has lived with me the entire time
- Ex has no knowledge of anything of Son's life ie medical, dental, education matters
- Ex is now seeking full custody and to have child support based on access and not income (ie he wants me to pay him child support even though I make $25,000 per year and he makes $171,000 per year).
Comment