Hi everyone. I'm new here and hope someone can help me as after searching the internet, I'm still unclear as to what I should do.
My ex and I (never married just common law) are parents to two children, one is his bio child and the other he was 'dad' to the child. This child's bio dad died 5 years ago, but he wasn't aware of this child and obviously didn't pay support. Long story, but the ex was alcoholic/abusive and did not want the bio dad involved and sadly, I went along with that.
When the ex and I parted ways we discussed child support and I agreed I would not go after him for non-bio child specifically, if he continued to pay the court-ordered child support for his bio child, until both children were at least 18. Because he'd tried to claim undue hardship before and the fact that I just wanted my kids to have some semblance of a peaceful life, I agreed to this.
For five years, my ex had visitation with both children, I believed everything to be going well and then he disappeared. I was told by a mutal friend that he was living out of province, but he could/would not provide specific information. This has been very hurtful to the children and I can't speak to the reasons my ex behaved this way.
However, now that his bio child is going to be 18 (altho he's still in school full-time), my ex has a Motion to Change child support and is looking to terminate it altogether. I realize this won't happen because the child is still dependent, but now I wish to see if I can get child support for his non bio child. I am on CPPD and every penny helps!
My problem is...do I file a cross-motion in regards to the non-bio child support before my court date for the bio child support case? I have a date to appear in court, but there's no indication of a case conference. Do I wait to file a motion after a case conference...assuming there will be one?
I think I understand what I need to file, I just don't know when to file. Thanking you in advance for any help!
My ex and I (never married just common law) are parents to two children, one is his bio child and the other he was 'dad' to the child. This child's bio dad died 5 years ago, but he wasn't aware of this child and obviously didn't pay support. Long story, but the ex was alcoholic/abusive and did not want the bio dad involved and sadly, I went along with that.
When the ex and I parted ways we discussed child support and I agreed I would not go after him for non-bio child specifically, if he continued to pay the court-ordered child support for his bio child, until both children were at least 18. Because he'd tried to claim undue hardship before and the fact that I just wanted my kids to have some semblance of a peaceful life, I agreed to this.
For five years, my ex had visitation with both children, I believed everything to be going well and then he disappeared. I was told by a mutal friend that he was living out of province, but he could/would not provide specific information. This has been very hurtful to the children and I can't speak to the reasons my ex behaved this way.
However, now that his bio child is going to be 18 (altho he's still in school full-time), my ex has a Motion to Change child support and is looking to terminate it altogether. I realize this won't happen because the child is still dependent, but now I wish to see if I can get child support for his non bio child. I am on CPPD and every penny helps!
My problem is...do I file a cross-motion in regards to the non-bio child support before my court date for the bio child support case? I have a date to appear in court, but there's no indication of a case conference. Do I wait to file a motion after a case conference...assuming there will be one?
I think I understand what I need to file, I just don't know when to file. Thanking you in advance for any help!
Comment