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We have a very sad situation here. When child was approximately 9 months old CP took child out of province for a visit with grandparents and never returned. The whole situation was not handled properly, on both the CP and NCP sides.
NCP last contact with child was18years ago. Contact was discouraged and child had thought that NCP was deceased up until about 5 years ago. Child now wants no contact with NCP.
CP has not replied to any communication regarding motion to change so that CS can be based on guidelines.
NCP hired lawyer last year Dec 09 to stop a license suspension and to file a motion to change. Lawyer obtained the refraining order, then filed a motion to claim damages and CS not to guidelines. Then the lawyer did nothing. The CP and Ontario Works sent an unsigned and unfiled Answer to the Lawyer. Lawyer then did nothing. Lawyer did not contact NCP just did nothing.
Fast forward to June. NCP license is suspended. Looses job. NCP contacts lawyer. Lawyer doesn't return any calls. Aug continue to call lawyer no replies. Self education on Family Law in Ontario begins!
Eyes peeled open.
NCP wants CS based on guidelines. Initial amount set well above guidelines.
For years that CP was NOT under Ontario Works, under original order amount to an arrears, however if CS is actually calculated on guidelines amounts there is an overpayment of about 5k. NCP does not seek this money but would like it applied to post secondary support.
As for CS owed during periods CP was receiving aid from Ontario Works, there are arrears owing, NCP wishes that the arrears owing be based on 2006 guidelines.
In the unsigned Answer filed with the Lawyer the CP also is seeking guideline amounts and also continued support.
Lawyer was fired in September. Files from lawyer obtained. Do not see that a motion to change was filed only an application for "an order determining the obligation of the CP to support the child and the terms of that obligation" And "an order for damages for the failure of the NCP to provide access to the NCP." THIS IS NOT WHAT THE NCP WANTS TO DO.
NCP feels very mislead by Lawyer. NCP does not wish to fight and argue, NCP only wants to have CS set at guidelines and a repayment plan for arrears. NCP is also looking for an order to define when CS will end.
NCP has attempted to contact CP via facebook email address was requested. NCP put on ignore and no reply. NCP sent CP registered letter requesting email address and request for communication on settling the CS. No reply.
NCP learned a few days ago from other children that first child had moved out of CP home and into the home of grandparents. I know more drama. NCP would prefer to stay away from any sort of drama, just checking if this move does affect CS. In the end there will be a court order to determine when CS should end.
btw - sorry if this sounds strangely worded - I am NCP wife, trying to help him through this pile of mud.
NCP last contact with child was18years ago. Contact was discouraged and child had thought that NCP was deceased up until about 5 years ago. Child now wants no contact with NCP.
CP has not replied to any communication regarding motion to change so that CS can be based on guidelines.
NCP hired lawyer last year Dec 09 to stop a license suspension and to file a motion to change. Lawyer obtained the refraining order, then filed a motion to claim damages and CS not to guidelines. Then the lawyer did nothing. The CP and Ontario Works sent an unsigned and unfiled Answer to the Lawyer. Lawyer then did nothing. Lawyer did not contact NCP just did nothing.
Fast forward to June. NCP license is suspended. Looses job. NCP contacts lawyer. Lawyer doesn't return any calls. Aug continue to call lawyer no replies. Self education on Family Law in Ontario begins!
Eyes peeled open.
NCP wants CS based on guidelines. Initial amount set well above guidelines.
For years that CP was NOT under Ontario Works, under original order amount to an arrears, however if CS is actually calculated on guidelines amounts there is an overpayment of about 5k. NCP does not seek this money but would like it applied to post secondary support.
As for CS owed during periods CP was receiving aid from Ontario Works, there are arrears owing, NCP wishes that the arrears owing be based on 2006 guidelines.
In the unsigned Answer filed with the Lawyer the CP also is seeking guideline amounts and also continued support.
Lawyer was fired in September. Files from lawyer obtained. Do not see that a motion to change was filed only an application for "an order determining the obligation of the CP to support the child and the terms of that obligation" And "an order for damages for the failure of the NCP to provide access to the NCP." THIS IS NOT WHAT THE NCP WANTS TO DO.
NCP feels very mislead by Lawyer. NCP does not wish to fight and argue, NCP only wants to have CS set at guidelines and a repayment plan for arrears. NCP is also looking for an order to define when CS will end.
NCP has attempted to contact CP via facebook email address was requested. NCP put on ignore and no reply. NCP sent CP registered letter requesting email address and request for communication on settling the CS. No reply.
NCP learned a few days ago from other children that first child had moved out of CP home and into the home of grandparents. I know more drama. NCP would prefer to stay away from any sort of drama, just checking if this move does affect CS. In the end there will be a court order to determine when CS should end.
btw - sorry if this sounds strangely worded - I am NCP wife, trying to help him through this pile of mud.
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