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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 11-01-2009, 08:52 PM
myminpins myminpins is offline
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Unhappy Back Child Support

To try to make it brief, I haven't seen my kids in years and years, she's moved them across the country, out of the country illegally, etc., etc. I really don't care any more and just want them to all go away.

We have a Consent Corollary Relief Judgment that sets out child support. In it is a clause saying I wasn't to pay the table amount as I had the kids for four years and she never paid me a cent - even though she was ordered to.

I paid that child support (2004) for the remainder of the year.

She moved away, got remarried, etc., and eventually asked me to increase the child support, which I did three different times.

Now, she's back in Canada, crying again over everything, owing Revenue Canada money, etc., etc., and trying to say I owe her back support to 2004 according to the table amounts as well as I now owe her the full table amounts period.

Can she go back and get the back support?

I know I have no hope of not paying her the table amount now - the court is entirely on her side no matter how evil she is, how many times she moved the kids, how many husbands she's had (four), the fact she kicked me out when they were six months old to move her boyfriend in, etc., etc., etc.

The court will just give her her money, table amount (which is completely unreasonable) and I'm screwed.

Do you think she's entitled to back support, too, even though she never asked for it and we have emails to that effect, as well as emails with her asking us for more money and we paid it, etc. Nothing formal, though. we got along for five years - she was thousands of miles away.

Now she's back. She's in Ontario. I'm in Nova Scotia.

I've tried to talk to lawyers but none will answer me, none will just say yes or no, they want tons of details, hours of consultations, etc., etc. and I don't have that kind of money. I drive a truck - and my wife works part-time, her teenager lives with us and we live very simply compared to most - old car, no social life, no smoking, no entertainment, no eating out, etc., etc.

So do you think she'll get her back support if she takes us to court?

Can she force us to go to Ontario to fight her for this?

I'm so stressed out you cannot imagine.
  #2  
Old 11-01-2009, 08:59 PM
representingself representingself is offline
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Has she filed her Application or Motion to Change and served you yet?

If not, and you aren't fighting an access issue, the case is heard where it is filed. If you file against and serve her first, the case would be heard in NS.
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Old 11-01-2009, 09:03 PM
myminpins myminpins is offline
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Thank you for your quick reply. No, she has filed nothing with the courts. We cannot afford a lawyer but I guess we need to file something. Everything in the past was filed in Halifax as she lived here and it was all taken care of here.

I could file my income statement and expenses... but what do I file to say, "Don't make me pay back support?" LOL I don't know how you'd do that. I doubt I'd qualify for hardship. She always manages to hide her income and get Legal Aid, who love to bury you in paperwork and delays. I have six inches of paperwork when I tried to get my divorce. She would not reply to requests, not answer petitions.. and she got away with all of it while I paid the lawyers more and more and more

Thank you.
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Old 11-01-2009, 09:17 PM
representingself representingself is offline
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Even if you dont think that you can qualify for 'undue hardship' you can try. File for a reduction in child support. The Judge may say no, but the case will be restarted in NS as opposed to Ontario.
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Old 11-01-2009, 09:21 PM
myminpins myminpins is offline
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Thanks... that's a thought. Sigh... back to the courts again - where she always won no matter what.
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Old 11-02-2009, 04:47 PM
Shrek Shrek is offline
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Hey. I know exactly what you are going through and how you feel. These women like our ex's take thse kids and use them as weapons and rob men for 20 + years of child support while making it impossible for any type of relationship. But when we try and stand up for ourselves people turn against us and make the women the victims. I dont understand the justice system in this country. How is it fair to take half of a mans paycheck for the majority of his career and make it impossible for him to have a normal life. Pay or go to jail? Unbelieveable!
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Old 11-02-2009, 05:27 PM
myminpins myminpins is offline
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Well, we're going back to court... but since she hid from Revenue Canada and basically the gov't wants its money back, it's basically them who are going against us for the back support and everyone knows when the gov't is involved, they can do whatever they want.

Time will tell... I hate the laws re: child support in this country. She rips off the gov't and puts herself in a horrid financial situation so she can go back and get support she didn't want OR need years ago? Sigh.. ridiculous.
  #8  
Old 12-10-2009, 11:24 PM
Mark1968 Mark1968 is offline
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If she hid from Revenue Canada, they certainly will not make you pay more. On the other hand, if she was receving welfare and you were ordered to pay child support, but you did not on the books, then yeah, the gov't will go after you because the support is counted as part of her welfare cheque.

How could she possibly be receiving welfare while out of canada if not via fraud and it seems like you can prove it, so why not provide the proof that she should pay back what she owes the gov't and not you. If she simply received welfare and you gave her money here and there, not as official child support, and she didn't report it...then good luck to you, you'd be in a good position if you paid the court ordered child support amount, if not, you're in the deep water.

If she received welfare while being on assistance and you did not pay your court ordered child support, then you owe the gov't. She will also get all the back child support you owe, adjusted to income, despite your pleas of hardship. That's the law. Once they garnish you, you're really screwed. I've had a garnishment for awhile and they always make mistakes, take no accountibility for the mistakes and never refund my money...it's just how it is. I have a specifc amount I am to pay and yet I've had now two garnishment amounts sent to my employers that took half my take home pay, it was several months before the mistake was correct and I saw no refund from FRO.
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