Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 08-26-2011, 09:00 AM
MommaMouse MommaMouse is offline
Senior Member
 
Join Date: Aug 2011
Posts: 181
MommaMouse is on a distinguished road
Default Undue Hardship

Has anyone here every gone to court for undue hardship? My ex stopped paying CS last year, FRO garnished his meger wages in Jan. He is now claiming undue hardship because of this garnishment and because he moved 2 hours away from our city. This is my 4th time through court since 2008 so I'm not new to everything, but I don't know what to expect from this. He's asking for the child support amount be reduced to $0, rectroactive back to when the original settlement offer was signed.

Due to economic circumstances and being in a automotive city we don't make very much (both me and my boyfirend were laidoff) and I rely on the little bit of CS I get. I'm not asking for more but I'm wondering how successful he would be at getting it reduced to nothing.

Any advice on undue hardship or personal experience?
  #2  
Old 08-26-2011, 12:40 PM
fireweb13 fireweb13 is offline
Senior Member
 
Join Date: Feb 2009
Location: Barrie Ontario
Posts: 742
fireweb13 is on a distinguished road
Send a message via MSN to fireweb13
Default

Quote:
Originally Posted by MommaMouse View Post
My ex stopped paying CS last year, FRO garnished his meger wages in Jan.
How much are we talking about?
  #3  
Old 08-26-2011, 01:24 PM
MommaMouse MommaMouse is offline
Senior Member
 
Join Date: Aug 2011
Posts: 181
MommaMouse is on a distinguished road
Default

He supposed to pay around $150 makes $1200/month. I get $1000/month on Onatio Skills development. They are now taking $275/month till he pays the nearly $1800 he owes.

If I were working I wouldn't collect, as it's such a small amount he makes and pays but right now I depend on every penny.
  #4  
Old 08-26-2011, 01:46 PM
fireweb13 fireweb13 is offline
Senior Member
 
Join Date: Feb 2009
Location: Barrie Ontario
Posts: 742
fireweb13 is on a distinguished road
Send a message via MSN to fireweb13
Default

How much time does he have the children? Is the $1200 before or after taxes? Does he need to drive?
  #5  
Old 08-26-2011, 01:58 PM
MommaMouse MommaMouse is offline
Senior Member
 
Join Date: Aug 2011
Posts: 181
MommaMouse is on a distinguished road
Default

He stays at his moms and I drive the kids there and pick them up, $1200 after taxes. He has them EOW and wednesday every other week. His house he only stays at part time in the summer. Goes there once every two weeks. He claims he stays at his moms for financial support. Not saying that's true/false thats just what he claims. The truck he drives to and from his moms although was bought with money from our divorce is in his moms name so it is not an asset. Therefor his only asset is his house.
  #6  
Old 08-26-2011, 02:09 PM
fireweb13 fireweb13 is offline
Senior Member
 
Join Date: Feb 2009
Location: Barrie Ontario
Posts: 742
fireweb13 is on a distinguished road
Send a message via MSN to fireweb13
Default

So your making less than him, doing all the driving and he does not really pay rent from what it sounds like (though not sure about the details about his place). Somehow I do not think he is going to be successful with his attempt to win this, but that is just a thought from the details provided.
  #7  
Old 08-26-2011, 04:54 PM
workinginthesystem workinginthesystem is offline
Member
 
Join Date: Nov 2009
Posts: 35
workinginthesystem is on a distinguished road
Default

To show undue hardship, you have to first show special circumstances that create an undue hardship. At first, I thought he would argue unusually high access costs, but it sounds like you have the access costs, if you do all the driving. (Make sure you have records of that!) Other reasons might be unusually high debts from the relationship or incurred to earn a living or that he is supporting another child.

Secondly, he has to show that his household standard of living is lower than yours. So, if the judge accepts that he has some undue hardship circumstances, you'll have to disclose your partner's income. He might or might not have to disclose his mom's income. They also look at assets and lifestyles.

It is really really hard to prove undue hardship.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Ex is claiming Undue Hardship... representingself Financial Issues 32 10-24-2012 01:43 AM
Undue Hardship LotusFlower Divorce & Family Law 22 08-31-2011 02:37 PM
Other than Undue Hardship ... DunnMom Divorce & Family Law 3 04-19-2011 09:39 PM
Undue hardship in 50/50 custody! What do I do... Brianfox Financial Issues 27 12-03-2010 05:12 PM
Undue Hardship hubby Financial Issues 3 01-26-2006 12:57 PM


All times are GMT -4. The time now is 09:56 AM.