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back child support- no court order

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  • back child support- no court order

    My ex has chosen to stop paying child support. He was paying the table amount for the past year. When I take him to court will he be required to pay the support he hasn't been paying or am i SOL because there is no court order?

  • #2
    If you have an SA (filed) or are divorced, there can not be "no court order" for CS.

    If you're not legally separated, there's no CS to be paid.

    Cheers!

    Gary

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    • #3
      we were common law so there was no SA

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      • #4
        no, he is still obligated to pay cs. This should be quick and easy.

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        • #5
          Originally posted by Gary M View Post
          ..
          If you're not legally separated, there's no CS to be paid.
          ...
          Really? I've read the opposite here many times.

          Also, considering he was paying (voluntarily) table CS and then stopped, it seems clear he understood his obligations and will be forced to pay back child support.

          Why does HE say he stopped paying CS?

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          • #6
            [quote=billm;74227]Really? I've read the opposite here many times. [quote]

            I could be wrong, but if they're not yet "separated" then how can one party be expected to start writing cheques to the other?

            I'd be interested in evidence to the contrary.

            Cheers!

            Gary

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            • #7
              It sounds like you were common law so when you seperated you did not write up a SA. Is that correct? If that's so I agree with BillM, he owes you CS and you can go after back payments. Find out his reasons for stopping CS though. If he's having financial trouble and there is no court order in place sometimes it can cost you alot to go after back payments (if he claims undue hardship)

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              • #8
                I read this one line in this appeal and thought you might find some information relating to your case.

                Hunt v. Smolis-Hunt, 2001 ABCA 229

                "
                For reasons that follow, we do not share her view that an original child support order cannot be made for any period of time preceding the issuance of a petition for divorce."

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                • #9
                  we are separated and filed the government form to say that after the mandatory 3 month wait period. he has just disappeared into thin air and doesnt want anything to do with me or his child and thinks if he doesnt see his child he and doesnt have a support order he shouldnt have to pay any more. we were never married so the only form i have filed is the common law separation form with the government.

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                  • #10
                    Originally posted by curiousmom View Post
                    we are separated and filed the government form to say that after the mandatory 3 month wait period. he has just disappeared into thin air and doesnt want anything to do with me or his child and thinks if he doesnt see his child he and doesnt have a support order he shouldnt have to pay any more. we were never married so the only form i have filed is the common law separation form with the government.
                    I was under the impression that there was not yet any formal separation; this changes things. All you have to do now is complete, serve, and file a motion/application for CS.

                    Badda boom, badda bing, and it becomes an Order. And yes, you can ask to backdate it to the date of separation.

                    Cheers!

                    Gary

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