Hello everyone,
Long time, etc. I've got a question about making an application for child support.
The background:
1. Divorce order says joint custody, shared parenting, week-about. This functioned until Sept 2016.
2. Since Sept 2016, child has lived with me full-time. This is because in Sept 2016, Dad was taken into psychiatric care following a crisis. he has been in and out of residential and non-residential rehabs, split up with second wife, has impaired driving charges, police have been called at least three times to deal with his behavior while drunk, hasn't worked - pretty much a train wreck. There are no signs that he is recovering, although he sporadically moves in and out of treatment programs. In other words, a more complete change of circumstances from the situation at the time of the divorce would be hard to imagine.
3. Dad has paid no S3 or S7 since Sept 2016. From September 2016 until April 2017, I paid him offset even though the child lived with me full-time. By April, it was clear this situation wasn't going to change any time soon and I stopped the offset. Dad has kept the child's phone on his plan, but other than that, he has literally not contributed a penny towards any of child's expenses.
4. Several times over the past year, we attempted to reintegrate the child into Dad's life by gradually increasing the amount of time he spent with the child - in all attempts, this was derailed by another alcoholic crisis on Dad's part.
5. Following his most recent arrest, the child sees Dad under supervision once or twice a week. The supervisor is either me or someone agreeable to both me and Dad.
So - I have the child full time, this has been the case for over a year, I have no reasonable prospect that Dad will be able to resume functioning as a parent in the near future, and I'd like to start receiving CS, as well as arrears. If Dad does manage an extended period of sobriety, I'd be willing to talk about moving back towards shared parenting.
I have a lawyer, but not a lot of money to spend. So I'm wondering if anyone could point me in the direction of templates for applications and affidavits useful in this situation. I don't necessarily want to reopen the question of joint vs sole custody, as Dad shows no interest in making decisions for the child anyway - I just need a court order which reflects the current situation. I'm in Alberta, if that helps.
Long time, etc. I've got a question about making an application for child support.
The background:
1. Divorce order says joint custody, shared parenting, week-about. This functioned until Sept 2016.
2. Since Sept 2016, child has lived with me full-time. This is because in Sept 2016, Dad was taken into psychiatric care following a crisis. he has been in and out of residential and non-residential rehabs, split up with second wife, has impaired driving charges, police have been called at least three times to deal with his behavior while drunk, hasn't worked - pretty much a train wreck. There are no signs that he is recovering, although he sporadically moves in and out of treatment programs. In other words, a more complete change of circumstances from the situation at the time of the divorce would be hard to imagine.
3. Dad has paid no S3 or S7 since Sept 2016. From September 2016 until April 2017, I paid him offset even though the child lived with me full-time. By April, it was clear this situation wasn't going to change any time soon and I stopped the offset. Dad has kept the child's phone on his plan, but other than that, he has literally not contributed a penny towards any of child's expenses.
4. Several times over the past year, we attempted to reintegrate the child into Dad's life by gradually increasing the amount of time he spent with the child - in all attempts, this was derailed by another alcoholic crisis on Dad's part.
5. Following his most recent arrest, the child sees Dad under supervision once or twice a week. The supervisor is either me or someone agreeable to both me and Dad.
So - I have the child full time, this has been the case for over a year, I have no reasonable prospect that Dad will be able to resume functioning as a parent in the near future, and I'd like to start receiving CS, as well as arrears. If Dad does manage an extended period of sobriety, I'd be willing to talk about moving back towards shared parenting.
I have a lawyer, but not a lot of money to spend. So I'm wondering if anyone could point me in the direction of templates for applications and affidavits useful in this situation. I don't necessarily want to reopen the question of joint vs sole custody, as Dad shows no interest in making decisions for the child anyway - I just need a court order which reflects the current situation. I'm in Alberta, if that helps.
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