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  • Sudden change in custody..now what ?

    My ex and I have joint 50/50 care and custody of our 2 boys ( age 14 and 17 ) . Suddenly the 17 year old said he wants to live with me exclusively because of geographical issues . i live close to his work and school and ex lives 40 minutes away with no public transit service . I am fine with it and I suspect that my ex agrees it is in his best interest . The problem is I used to pay her a small amount of child support . With the oldest living with me exclusively and the other going back and forth , she would then owe me child support ( which I am sure she doesn't want to pay ) . From past experience , I know I need to have everything in writing as verbal agreements mean nothing .

    What actions do I need to do asap ?
    Just a written agreement between the two of us ? A court order ? Something else ?

  • #2
    Do you want her to pay support? Is it worth the legal fight for a year since kid will be going to school?

    If you don’t want the support, simply do up the agreement and sign it.

    If you do want support, look at how much it is and how much you would spend to fight her and decide if its worth it. If it is then you would file a motion to change.

    You could also say instead of support you would agree to changing the wording so you can claim the kid every year as an eligible dependent.

    Comment


    • #3
      Have the kid live with you for about 4 months, then send an email asking for child support. When she says no, stall another 4-6 months, then bring her to court. You will get child support from the day you sent the email message.

      It will totally be worth going to court. Don't forget that not only will you get all that child support, but you will also get a big chunk of your lawyer fees back from your ex.

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      • #4
        i tried the delay tactic . Its been 3 months .

        What do i do if she sent me an email saying she will send me money for support 2 months ago and then never followed through with it ?

        Continue to delay a few more months and go to court ?

        With Covid , who knows when the counts will ever hear a motion again .

        Comment


        • #5
          Originally posted by excel View Post
          i tried the delay tactic . Its been 3 months .

          What do i do if she sent me an email saying she will send me money for support 2 months ago and then never followed through with it ?

          Continue to delay a few more months and go to court ?

          With Covid , who knows when the counts will ever hear a motion again .
          when she sent that email was there an amount set?

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          • #6
            We had a verbal discussion when my son first decided to live with me exclusively . We discussed that i would seek child support . I thought it went well .

            I followed up with an email outlining exactly the monthly payment amounts payable from her to me for the child .

            It was basically an amendment to our original SA . ( asking for signatures and witness signatures as well ) .

            She answered that email with an email reply stating she would " send me money at the end of the month " .

            She never sent any money and she has not contacted me with an explanation or anything else since .

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            • #7
              have you contacted her asking when you can expect payment?

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              • #8
                yes. no reply

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                • #9
                  Why the rush?

                  She agreed in writing to pay child support. This will be trivial to enforce. I would not panic about this at all.

                  If you want, send a monthly reminder adding up arrears.

                  June: Friendly reminder, child support for this month is $700 as we agreed. The total amount owed up to this date is $2100

                  July: Friendly reminder, child support this month is $700 as we agreed. The total amount owed up to this date is $2800

                  August: Friendly reminder, child support this month is $700 as we agreed. The total amount owed up to this date is $3500


                  Eventually the courts will be back in session, and you bring all those emails, get a court order, submit it to FRO, and let them work their magic.

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                  • #10
                    Hello. Since Covid looks like it will remain for a long while still , do you think I should file this motion now ?
                    Has anyone had any motions heard virtually in Ottawa or is it still a waiting game ?

                    Comment


                    • #11
                      Assuming you are in Superior Court, this is the relevant Notice to the Profession for Ottawa.

                      https://www.ontariocourts.ca/scj/not...9/notice-east/

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                      • #12
                        Can anyone suggest a resource in Ottawa that can help me file my motion electronically at a reasonable cost ? I am not very tech savvy .

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                        • #13
                          Did you read the notice to the profession? It is pretty clear language and filing is simply a matter of emailing the correct documents labeled correctly. I didn’t take a deep look at the Notice but it does not appear the Ottawa is doing motions beyond procedural/consent or urgent. Which your case does not appear to be either.

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                          • #14
                            Thank you for the reply . Yes I did read the notice . I got the impression that I should file the motion , try to get a date and " wait in line " in case they started to hear cases again . At least it will give me a place holder . I am fearful that this will be a long wait ( much more than usual )

                            Comment


                            • #15
                              According to the notice, you need to make a case for why you need the motion BEFORE you file the motion:

                              "A party which proposes that a more complex motion should be heard shall provide a notice of motion and a short focused (no more than two pages) summary of the purpose of the motion, the issues and the reason it should proceed. The request will be filed with the family virtual counter by e-mail and sent to a triage judge. If the judge approves the motion, further direction will be given."

                              Notice of Motion is Form 14

                              Use 14A to fill out an affadavit. Two pages only, double-spaced, 12 point Times New Roman. State only facts and dont make it any more complex than it absolutely has to be; state what has happened, that you have tried conferring with your co-parents, what you want the court to do, and why they need to do it now instead of 6-8 months down the road. If you can't get it sworn, write at the bottom "To be sworn before the Honourable Justice at the videoconference. DATE SIGNATURE"

                              Serve the other party first and include an affidavite of Service (Form 6B). Same note at the bottom about being sworn if necessary.

                              Save your documents as PDFs if you can. So that is three pretty simple forms that you email at once to the virtual family counter at ottawafamilycourt@ontario.ca

                              Comment

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