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  • exempt from Child support

    HI there
    Am helping my step son out with some legal letters in response. Some back ground, he has a 5 year old little girl who he has been raising on his own for 5 years. The mother has had one short lunch visit with the little girl back in 2018 and that has been the only contact. She hasn't helped financially in these 5 years!
    She has now hired a lawyer stating he refused contact etc. we had responded for the first letter agreeing to gradual access since my granddaughter has not idea who this woman is. They agreed. We also asked for her NOA for the past 3 years. Her lawyer has replied she is working on it but will advise if she is "eligible" to pay support. Does anyone know of a reason someone is not made to pay child support? She is common law with a new man who works, and has a second child.

  • #2
    The only thing I could think of is if the ex is on government assistance. Even if they are, when Covid is over, you could ask the courts to impute an income on the ex at not less than full time minimum wage.

    Each parent has an obligation to support the child - financially, emotionally and mentally. Just because the ex doesn't work, doesn't mean they don't have an obligation to provide some financial support. Should the lawyer say the ex makes $0.00, your sons response would be that she has an obligation to financially support the child and that he will request the courts impute a wage on her equal to full time minimum wage.

    Now, your mileage may vary on whether or not the courts will actually impute an income. The ex will plead destitute, that they aren't working and is a stay at home parent to the second child. How well that argument flies will depend on the judge. The ex's new spouse's income is not very relevant unless the ex claims undue hardship in connection with paying support. If anything you could use this as a negotiating tactic, ask for full time min-wage but settle on part time min-wage and some other concession.

    Comment


    • #3
      The only way she is exempt is if she was on Ontario Works. Anything else she has to pay INCLUDING being unemployed.

      More than likely she has decided with the new living situation she can have her child come live with them. The onus is still on her to prove that he denied her access.

      Comment


      • #4
        Originally posted by StephanieJ View Post
        HI there
        Am helping my step son out with some legal letters in response. Some back ground, he has a 5 year old little girl who he has been raising on his own for 5 years. The mother has had one short lunch visit with the little girl back in 2018 and that has been the only contact. She hasn't helped financially in these 5 years!
        She has now hired a lawyer stating he refused contact etc. we had responded for the first letter agreeing to gradual access since my granddaughter has not idea who this woman is. They agreed. We also asked for her NOA for the past 3 years. Her lawyer has replied she is working on it but will advise if she is "eligible" to pay support. Does anyone know of a reason someone is not made to pay child support? She is common law with a new man who works, and has a second child.
        She isn't exempt, but she is a woman, and as such courts will do everything in their power to allow her to be exempt.

        Case in point: I was in a similar situation as to your son, raising the child by myself. The ex verbally claimed that her daughter from her new relationship may have autism, the judge told her to go to the doctor and get a note for herself that she cannot work. (incitement of fraud)
        in the next case conference, ex came with a walkin clinic's note that said she has low iron - the note did not say anywhere that she cannot work - the judge suddenly became a medical expert and declared that the ex cannot work (prejudice)! I objected, the judge then told me that I can question the ex right then and there (violation of O. Reg. 114/99, r. 20 (13).). I objected to that too, she then said she's reserving costs to teach me a lesson and adjourned to a motion.
        This is called judicial bullying..

        At the motion, I made a list of all the illegal maneuvers the judge had made over the years to favour the ex and during questioning had the ex agree to receiving those breaks one by one. Instead of the questioning about why the ex needs to pay CS, i made it mostly about how the judge had been cutting her illegal breaks. My thought process was that the judge already does not want the ex to pay CS or to impute her income and is going to rule against me as she has already reserved costs. At least I'll bring the transcript of the judicial bullying to light at an appeal.
        I believe the judge saw through it and at the end without much convincing on my part imputed the ex an income and CS.

        Comment


        • #5
          Originally posted by sahibjee View Post
          She isn't exempt, but she is a woman, and as such courts will do everything in their power to allow her to be exempt.
          I disagree. The judge you had seems to been out of line but imputing an income is normal.
          BTW: Baring some very rare disease your ex can take supplements to return their iron levels to normal within a month or so.

          Comment

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