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  • Should mother pay child support

    I am in desperate need of getting answers to the following questions but answers to the letter of the law:

    1) Does a judge have the authority to divert substanial child support arrear owing toward court costs to my ex?

    2) If a judge in a family court phones my lawyer without my knowledge and my lawyer is also declining to admit to such a phone, but I have solid proof that such phone call was placed to my lawyer by the Judge. How much an event like this will be considered unethical/borderline and prejudicial to my on-going proceedings and the case over all. My lawyer after that phone call from the Judge is completely deflated...

    Thanks in advance..please respond asap. Regards

  • #2
    Child support offset by arrears?

    I have the same question ( I think) in reference to child support. My ex has rarely over the 12 years been required to pay child support. He has not filed his income tax in 10 years. He has ignored every order by judges asking him to submit evidence of his supposed inability to work nor provide his required financial disclosure. Over the years, lawyer after lawyer has always advised me to erase the arrears as I was chasing good money after bad, and every time we have been in court, it has been over a custody issue, so the child support issue was secondary. Now my daughter wants to go live with Dad and he is asking for sole custody and child support. I want to know if the judges or the orders can attribute the child support he was supposed to pay me ( I have proof of his income and banks statements and proof he has lied about his earnings) against what I may owe him. In other words, he owes me close to 17,000 in child support if I was able to impute income against him from prior years, and if I were ordered to pay him $ 300 a month, could that come off the money he owes me. I am very frustrated. I currently support my son in university without any help from Dad, and pay for my daughters braces without help from him, yet if I was ordered to pay child support to him if she lives, there, this just does not seem fair.

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    • #3
      Susie, I appreciate that you have the similar question. But similar question is not what I am looking for. Question with question hijacks the thread when people browse who may be able to help answer your and mine issues. So please do not add reply to my thread with a question, just read and see if someone is replying to my questions which should also provide you the answers. Thank you for your understanding.

      People please help I am desperate to get an answer. I am appealing judges decision and require the answers by this Friday for submission of the fectum................

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      • #4
        Wow.

        If you're in that much of a rush, call a lawyer or the upper canada law society.

        And welcome to the concept of public forums where anyone can post anything they wish in any thread they wish.

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        • #5
          Thanks for your piece. If I could afford a lawyer I will not be using public forums..it will easier to pay and get answers...Thanks anyways.

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          • #6
            Short answers are:

            1. yes a judge can order and amounts owed to each other, notwithstanding why they were incurred, be setoff against each other.

            2. yes judges can call lawyers and vice versa. Sometimes it is just a casual phone call as the legal field is a close knit community. Unless you have some proof of what was actually said and that it was somehow unethical or inappropriate, you don't have anything. All you know was that a call happened, but not what was said.

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            • #7
              Originally posted by mikeymm View Post
              Thanks for your piece. If I could afford a lawyer I will not be using public forums..it will easier to pay and get answers...Thanks anyways.
              Then call the upper canada law society, pay a few bucks and get your legal questions answered.

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              • #8
                Originally posted by mikeymm View Post
                Thanks for your piece. If I could afford a lawyer I will not be using public forums..it will easier to pay and get answers...Thanks anyways.
                I could afford a lawyer. All $65K's worth. But my eyes remained open and I soaked up information anywhere I could get it, incuding here and in many other places, free and otherwise.

                Your cheap shot about public forums makes you look snotty.

                Your subsequent comment "it will (be) easier to pay" makes you appear like you prefer to just pay to make your problems go away.

                That reminds me of the fat guy who thinks that simply paying his gym membership causes him to lose weight. He fails to see that he has to actually work to solve his problem.

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                • #9
                  Originally posted by dadtotheend View Post
                  That reminds me of the fat guy who thinks that simply paying his gym membership causes him to lose weight. He fails to see that he has to actually work to solve his problem.
                  Where'd the damn 'like' button go?

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                  • #10
                    Thanks guys for pointing me to rightheouness. Yes, I should not demean the public forum by saying that If I could afford a lawyer....That was not my intention by any means but it just came out that way. I joined this forum becaues I know there are nice people as members who could help in my plight. I have been under a lot of stress and lost the perspective for a moment...although no excuses. I hope you will understand and forgive me.

                    I have been denied legal aid, I have already spent a fortune on lawyers, fighting the custody of my daughter. I am now preparing a fectum of appeal by myself and that is where I wanted to get those questions answered...so if someone out there can actually help please do so...best regards

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                    • #11
                      Originally posted by HammerDad View Post
                      Short answers are:

                      1. yes a judge can order and amounts owed to each other, notwithstanding why they were incurred, be setoff against each other.

                      2. yes judges can call lawyers and vice versa. Sometimes it is just a casual phone call as the legal field is a close knit community. Unless you have some proof of what was actually said and that it was somehow unethical or inappropriate, you don't have anything. All you know was that a call happened, but not what was said.
                      Thanks. It is very helpful. On answer number 2, if its norm that judges call lawyers and vice versa then why would a lawyer hide the call made by the judge and deny it? Isn't there sufficient cause for misconduct at least on the part of the lawyer for lying? Who can predict what went on during this phone call..all I know is after that day of the phone call my lawyer lost complete interest in defending my interest properly...your comments please?

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                      • #12
                        Unless you can say what they DID say in the phone call then you are speculating. For all you know they could have been discussing the weather.

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                        • #13
                          Your best bet for this is to do as much research you can, for yourself as posssible. You cannot even know what the judge will do that day. Go in the court room with exactly what you expect and plead your case. If you are solid enough that you have the facts straight on your case, you are in a good place. It is the judges forum remember. As well, prior to you going into the court room, speak to Duty Counsel..they are there, free of charge. I have used them for the past 9 months, self represented and they have really helped me.

                          Keep us posted.

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                          • #14
                            You say you have solid proof, but unless you also have solid proof of WHAT was said, and can PROVE that it was false information, or some cooercion/bribe to drop your case, then you are out of luck.

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                            • #15
                              Originally posted by dinkyface View Post
                              You say you have solid proof, but unless you also have solid proof of WHAT was said, and can PROVE that it was false information, or some cooercion/bribe to drop your case, then you are out of luck.
                              Sure makes sense what you are saying..but what will be reason of a lawyer lying about it. Judge phone the lawyer. Here are facts:

                              Lawyer threathend the Judge to bring a motion for her recusal on a Firday afternoon proceeding. On Monday Judge called the lawyer and discussed whatever for over 10 minutes with my lawyer. When confronted that he become deflated and passive about my case after that phone call...he said that he never had a phone call from the Judge...absolute refusal..does that sound fishy...what reasons he might have to hide such a phone call? Please elaborate..

                              Comment

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