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  • #16
    Originally posted by standing on the sidelines View Post
    if he is on EI then I am assuming he doesn't have extended health benefits anymore either. You should be looking into getting your own benefits.

    I am not sure of your situation, if you are living with someone or even working full time.
    I do work but I don't have coverage of my own as I am a contract worker. So are you saying that because he is on EI his responsibility to the children should be null and void. He won't be unemployed for the rest of his life and I am not going to not fight for what is in my kids best interest in the future because of a temporary situation

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    • #17
      Originally posted by Sadmommy View Post
      I do work but I don't have coverage of my own as I am a contract worker. So are you saying that because he is on EI his responsibility to the children should be null and void. He won't be unemployed for the rest of his life and I am not going to not fight for what is in my kids best interest in the future because of a temporary situation
      I am not saying that at all. The reality is that he is on EI. He probably doesn't have coverage himself right now. You also have a responsibility to the kids to have coverage for them.

      Comment


      • #18
        Originally posted by standing on the sidelines View Post
        if he is on EI then I am assuming he doesn't have extended health benefits anymore either. You should be looking into getting your own benefits.

        I am not sure of your situation, if you are living with someone or even working full time.
        SOTS is right, your EX has probably lost his medical benefits - though it would be important for any new agreements to state that :your children be covered by any medical coverage should either of you have access to it in the future. This would have to be worded in proper 'legaleese' with yearly financial statements as proof of such.

        Until either you or your EX find jobs with full benefits, you would have to split 50/50 the cost of private medical insurance for the kidlets. That would seem a fair way to settle this.

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        • #19
          Thank for the advice, I didn't think about that. I am so afraid to make any deals with him because its cutting a deal with the devil. I just want to protect myself and the kids in the future

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          • #20
            ay
            Originally posted by Sadmommy View Post
            Thank for the advice, I didn't think about that. I am so afraid to make any deals with him because its cutting a deal with the devil. I just want to protect myself and the kids in the future
            The best way to do that is to have a lawyer draw up a proper settlement - the problem is, and will always be, getting that enforced. I understand that you are presently unable to retain a lawyer ... though if the EX owes you over $20,000 perhaps you could mention that to a prospective lawyer. This might just get things moving in the right direction.

            You want to have a proper settlement, one that takes into account that your EX is temporarily unable to fulfill his commitments but will none the less have to contribute to HIS kids futures once his financial situation improves.

            Maybe you could hire a lawyer, just to draft this agreement for you (in legal terminology) and you could then present this to the opposing lawyer or in court if they are unwilling to sign?

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            • #21
              Does he not have any assets to seize?

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              • #22
                Originally posted by Links17 View Post
                Does he not have any assets to seize?
                Earlier in the thread, she mentions that FRO has already taken away his drivers license. So I would imagine that the next step would/should be seizure of assets. (if he has any)

                That could be Income Tax returns, pensions etc. She would have to get in touch with her FRO case worker and complain BIG TIME ... with $20,000 worth of arrears - somebody has not been doing their job!

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                • #23
                  I am not sure what exactly is your situation, but if you ex was supposed to be paying a child support based on his income of over $100,000 and then lost his job, so his income was reduced drastically while on EI and FRO tried to collect but there was nothing except EI to collect and that is the reason for arrears, well then the arrers may be written off. ANd in my opinion they should be.

                  Child support also will be reduced to reflect his current income, as it should.
                  if he doesn't have acess to medical benefits, he cannot provide it for the kids either. but you can get a coverage for the kids and he should pay his proportionate share of that expense.

                  Just think about it this way, if you were still together and he lost his job, he would not be able to provide health benefits and there would be less money for the family. Just because you are divorced, nothing changed you cannot expect him him to pay you the money he doesn't have.

                  As for SS, I would not not give that away.

                  Comment


                  • #24
                    Originally posted by Toutou View Post
                    I am not sure what exactly is your situation, but if you ex was supposed to be paying a child support based on his income of over $100,000 and then lost his job, so his income was reduced drastically while on EI and FRO tried to collect but there was nothing except EI to collect and that is the reason for arrears, well then the arrers may be written off. ANd in my opinion they should be.

                    Child support also will be reduced to reflect his current income, as it should.
                    if he doesn't have acess to medical benefits, he cannot provide it for the kids either. but you can get a coverage for the kids and he should pay his proportionate share of that expense.

                    Just think about it this way, if you were still together and he lost his job, he would not be able to provide health benefits and there would be less money for the family. Just because you are divorced, nothing changed you cannot expect him him to pay you the money he doesn't have.

                    As for SS, I would not not give that away.
                    Absolutely true in most cases - in this case however, she has e-mails where EX admits he is acting in bad faith, living with a welfare g/f and doing his best to NOT find gainful employment while she on the other hand, is working and responsible for the children.

                    In his motion he seeks to abolish CS and SS because of his TEMPORARY situation .... won't hold up in court. As for life/medical insurance that much would be debatable, there again, until he returns to work with full benefits.

                    This bad faith would be reason for EX to have a salary imputed to him and arrears to be maintained (once he gets a job he can begin repayment).

                    Comment


                    • #25
                      This is all so hard to hear. So his 22 grand in arrears dating back to when we separated in 2012 can just be written off. I depleted everything I had to support the kids and I before there was a court order. None of this seems fair at all that he can dodge and evade his responsibilities and rack up a debt that is owed to our children and then turn around and say screw you I am writing it off. Where is the justice in this?

                      I have applied for legal aid although financially I do not qualify there is a process to help those with domestic violence.

                      Comment


                      • #26
                        Originally posted by Sadmommy View Post
                        This is all so hard to hear. So his 22 grand in arrears dating back to when we separated in 2012 can just be written off. I depleted everything I had to support the kids and I before there was a court order. None of this seems fair at all that he can dodge and evade his responsibilities and rack up a debt that is owed to our children and then turn around and say screw you I am writing it off. Where is the justice in this?

                        I have applied for legal aid although financially I do not qualify there is a process to help those with domestic violence.
                        You really need to do your homework and research it on CanLii.

                        In Quebec for example they will forgive arrears within 6 months unless you can show that you couldn't have acted sooner (in asking for your arrears to be forgiven).

                        Support can always be ordered retroactively or at least retroactively to the date of the motion.

                        Comment


                        • #27
                          Originally posted by The Iceberg View Post
                          The Judge will make a temporarily decision and the wheel will start rolling. He cannot avoid CS unless he is on welfare It is unlikely that he will erase the money he owes. Have you considered talking to him? Mediation? If he allowed his DL to be taken away perhaps he is in a tough situation? Just because you may be able to win in court doesnt mean its better than settling for less, but peacefully. But we dont know your whole story.
                          you can not (should not) avoid CS even if you on welfare (Ontario Works). There is a case law supporting that

                          WD

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                          • #28
                            Also, don't think they forgive arrears out of kindness to child support payors.

                            They do it because they consider it a bad debt that will never be paid and they hope be making a "deal" with the payor that they will start paying again

                            The child support guidelines, mechanisms and enforcement are developed to maximize collection/payment. Sure some people do what your ex did but they basically losing many of their civil rights (license, passport, tax returns, never having regular employment, not seeing children etc...)
                            Last edited by Links17; 08-11-2014, 01:05 PM.

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                            • #29
                              Originally posted by Sadmommy View Post
                              ?

                              I have applied for legal aid although financially I do not qualify there is a process to help those with domestic violence.

                              Good for you, since there is a restraining order against the EX, there can be no mediation because of the imbalance of power between the two of you.

                              It would be way better for you to have a lawyer represent you in court. If you are eligible for legal aid, first thing you want to do is call FRO and obtain an up-to-date assessment of all arrears due to you. Also make copies of those bad faith e-mails ... The lawyer will want to look at those.

                              Any restraining orders, police reports gets added to your file. Don't give up you have a good case, you just need a lawyer to represent you.

                              Comment


                              • #30
                                Well legal aid is my last resort. I already owe a lawyer in the first matter and trying to pay him off. I just feel victimized all over again. I will know in a week if legal aid will help me due to he assaulting me and having charges. How can a victim go into court and fight against their abusers. Isn't 16 years of physical and emotional abuse enough now the legal system may allow it?

                                Comment

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