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

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  #1  
Old 10-26-2018, 05:33 PM
Codename Codename is offline
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Default Federal Support Guidlines or Quebec Guidlines

I was hoping that someone can clarify the Support Tables.
ie: Woman (Y) has a 3 year old meets and moves in with X and they have a child together. The three year old never met there father. X and Y separate after 3 years and they both live in Ontario. Y and X have a court order that X is to pay child support for the two children at 80% of the Federal Guideline (Ontario) $1000 a month. the 80% was based because the three year old's father who is now 6 was to pay $100 a month. Now X takes both children every weekend for visitation, even takes both of them on holidays, parties. The child calls X daddy ever since he came into the picture.

So now that the child is much older he has been a handful to both parents. But X wants nothing to do with him since he is not "a good boy". One question was brought up is when your natural child is not a good child are you going to throw them away too. Anyway mom when separated moved to the Quebec side and X always stayed in Ontario. Y asked for X to increase child support after 10 years. Apparently X's salary tripled in the last ten years. So X applied to the courts in Quebec that he wants his stepchild off and not to pay support for them because he was never this child's father. And X want's child support to be based on the Quebec guidelines for his other child and not the federal guidelines. I have to tell you that in the agreement it is written that he is in loco parentis for this child.

My research shows that a: this guy has been seeing his non biological child for ten years every weekend and now that this child is acting up like every normal child does X wants nothing to do with this child. b: X new that each year he should of increased child support since his salary was going up and up but never did anything. I guess he figured well Y isn't asking so why should I divulge anything. c: X has never lived in Quebec and the child support order is a court order in Ontario which states 80% of the Federal Guidelines for two children.

So now the question is this why would he hire a Quebec lawyer and petition to pay the Quebec guidelines and not the Federal. I saw in Canlaw that parents that live in two provinces they use the federal guideline. Is this guy different?
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  #2  
Old 11-03-2018, 09:27 AM
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blinkandimgone blinkandimgone is offline
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Motions to change need to be filed where the children reside. You said you moved to Quebec with the children. That would be why he filed there.
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Old 11-05-2018, 01:05 PM
Codename Codename is offline
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Never legally married.
Moved to Quebec after separation
Child support was based on the federal guidelines
He works in Ontario
Motion is filed in Quebec now
He does not want to pay the federal guidelines since Quebec does not recognize common law
Now my support payment drops hundreds of dollars because I am told I have to use the Quebec guidelines.
I was told that if I had been married and moved to Quebec than the Federal guidelines would of applied
So why was the first child support that was filed in Ontario while I was living in Quebec and he living in Ontario accepted for 8 years and now that I have asked for an increase he wants to pay the Quebec guidelines.
I do have a motion on the Ontario side which is coming up soon for increase in child support.
Like I said he filed a motion in Quebec to pay Quebec guidelines.
Can the judge in Quebec continue to use the federal guidelines
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Old 11-05-2018, 01:22 PM
rockscan rockscan is offline
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If you live in Quebec then the tables for Quebec apply. It doesnt matter if you were married, child support is for the child.
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