Announcement

Collapse
No announcement yet.

Advice: issues are Custody, CS and arrears

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    So from April 1, 2009 until the October 15, 2009 I was responsible to pay child support because I was employed, separated and not paying? But there was no Court Order.

    The expenses I did pay in 2011 were not Section 9 expenses. Some were and some weren't. Isn't the recipient responsible for the purchase of clothes? I shared equally in the expense of clothing and other expenses that include school supplies, school lunches, hallowe'en costumes, birthday parties,etc.
    Last edited by FamilyBlah; 05-07-2012, 04:53 PM.

    Comment


    • #62
      You are legally responsible to support your child, there doesn't need to be a court order for that.

      If the child was living primarily with the ex, you should have been paying CS.

      You state you were paying "expenses." (I believe you meant "section 7".) You were not paying CS, I am not sure what you then mean by "isn't the recipient responsible..."

      You are overthinking, over rationalizing, over arguing. Break it down: You spent $x directly on the children over the period of time, how much was this and for what? If it was for section 7 expenses, that money goes to cover what you owed for section 7. Don't mix those costs, you are shooting yourself in the foot if you aren't specific. So did you pay your full share of section 7 or not?

      Secondly, how much did you spend on the children beyond the obvious section 7, like on clothing for example? Did that clothing end up exclusively at the ex's home? In which case it could be argued that you provided CS by paying for necessities, however YOU BETTER have receipts and be able to provide a detailed total. And even so, you are just making an argument, it doesn't mean you win.

      Money you spent for the children that applied at your own home (clothes, toys, books, extra rent, food, utilities) has nothing to do with your CS arrears.

      Comment


      • #63
        Originally posted by Mess View Post
        You are legally responsible to support your child, there doesn't need to be a court order for that.
        This is what I have been saying. Doesn't this apply to both parties?

        Originally posted by Mess View Post
        If the child was living primarily with the ex, you should have been paying CS.
        This is my biggest issue. The children were with here more of the time based on sleepover because she intentionally restricted their access to me. She unilaterally left the home, unilaterally changed their school, unilaterally created a schedule. There was no custody order and no order for her to be the primary. The only order regarding primary residency came at the tail end of an uncontested hearing and that order called for primary residency to continue. The Judge added this at the request of my ex's lawyer. Primary Residency is an issue that the court had yet to decide. I believe Rule 25 (19) is applicable in this case.

        It is a truism that child support should never be withheld by one parent just because the other parent is restricting access AND access should never be restricted by one parent just because child support is not being paid by the other parent. Is it not also true that access should not be restricted just to secure child support?

        Originally posted by Mess View Post
        You state you were paying "expenses." (I believe you meant "section 7".) You were not paying CS, I am not sure what you then mean by "isn't the recipient responsible..."

        You are overthinking, over rationalizing, over arguing. Break it down: You spent $x directly on the children over the period of time, how much was this and for what? If it was for section 7 expenses, that money goes to cover what you owed for section 7. Don't mix those costs, you are shooting yourself in the foot if you aren't specific. So did you pay your full share of section 7 or not?

        Secondly, how much did you spend on the children beyond the obvious section 7, like on clothing for example? Did that clothing end up exclusively at the ex's home? In which case it could be argued that you provided CS by paying for necessities, however YOU BETTER have receipts and be able to provide a detailed total. And even so, you are just making an argument, it doesn't mean you win.

        Money you spent for the children that applied at your own home (clothes, toys, books, extra rent, food, utilities) has nothing to do with your CS arrears.
        Here are some of the expenses I paid during the year (October 2010 to October 2011) when the children were with me on average for 40%. I have separated what I believe are section 7 expenses.

        Section 7
        50% glasses
        100% soccer registration
        100% soccer equipment
        50% soccer pictures
        100% judo registration
        100% recreation centre membership
        100% guitar lessons
        100% guitar
        100% Beavers Day camp
        100% Beavers Winter camp

        Other
        100% spring jackets
        100% winter boots
        100% snow suits
        50% haircuts
        50% school supplies
        100% indoor shoes (ex bought outdoor shoes)
        50% Halloween costumes (section 7?)
        50% swimsuits
        50% school pictures
        50% school lunches (hot dogs, pizza, milk)
        50% birthday parties (ex/ shared in rental of Gym Zone)
        100% chocolate valentine suckers for school
        50% book fair
        100% rubber boots

        We also spent approximately $1000 on clothes. The ex buys clothes for the children for her house and I buy clothes for the children for my house.

        Here are the approx. incomes:

        October 15, 2009
        My salary - $40,000
        Ex's income - $0.00
        - Order for me to pay child support

        Sometime in early 2010 - ex returns to work at $37,000

        October 2010
        My salary $0.00
        Ex's income $37,000
        - verbal agreement
        - share in expenses
        - children begin to be with me (based solely on sleepovers) for 40%

        November 2010 to October 2011
        My income (E.I.) $25,000
        Ex's income $37,000
        - share in expenses

        October 13, 2011
        My income $0.00
        Ex's income $40,000
        - uncontested hearing eliminates October 2009 Order
        - orders primary residency to "continue" with Applicant

        December 2011 to present
        My income $16,000
        Ex's income $40,000
        - share in expenses

        Comment


        • #64
          I'd like to point out that the money issue is of little importance to me when compared to the issue of Custody and Access.

          A representative from the ex's lawyer's law office has now emailed me a letter asking if I consent to separate the Motion for Divorce from the corollary issues. Of course, they are stating that if I do not consent then they will need to proceed to motion and will ask for costs from me.

          I responded that to the best of my knowledge, the courts are reluctant to grant a divorce unless reasonable arrangements have been made for the support of the children. Considering there is no Order for Custody nor is there an Order for Child Support, I don't think reasonable arrangements have been made.

          The ex's lawyer responded through email telling me my assertion was incorrect and directed me toward Section 11 of the Divorce Act:

          11. (1) In a divorce proceeding, it is the duty of the court

          (a) collusion blah blah blah

          (b) to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable guidelines and, if such arrangements have not been made, to stay the granting of the divorce until such arrangements are made.

          My response to the ex's lawyer was:

          Dear Ma'am,

          Am I to assume that your emailed request to me from Thursday, March 8, 2012 at 3:59 PM where you asked, "that all future correspondence not be sent through my email but through the mail" is no longer your wish?

          Please clarify.

          Yours very truly
          Last edited by FamilyBlah; 05-08-2012, 08:54 AM.

          Comment

          Our Divorce Forums
          Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
          Working...
          X