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?
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back child support- no court order
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Originally posted by Gary M View Post..
If you're not legally separated, there's no CS to be paid.
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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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[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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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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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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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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Originally posted by curiousmom View Postwe 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.
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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