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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 01-05-2020, 11:56 AM
chassler81 chassler81 is offline
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Unhappy Facebook/Homestars/Instagram

Hello from Toronto,
Ive had both my children for 3 years full time. ( ages 14 and 16)
They left their fathers home due to unacceptable behaviour by their step mom (their father agreed it would be in their best interest). The children see their dad only once a month for a couple hours. I totally encourage the kids to see their dad but they are tired tired of his games.
I did not seek child support because he needed time to leave his current wife and get settled... almost 4 years later the father and step mother are living the most wonderful life without the children, they worked out their differences.
The father Owns a very successful home renovation company.
Last year I asked him to pay child support and he threatened to take the kids back full time( I have the ZIP file from WHATSAPP of all our conversations) ... I agreed that he can pay the kids directly( $100.00 a month and he will pay for the cell phone bill) ) Im in fear he will take the kids away. he has a lawyer and can afford to fight me. The father also claimed that he will say he cannot afford it because of the winter months (work is slow) but Ive gained access to a website called his business is listed with actual customers leaving reviews and the full cost of the Job.... in the last 2 months I can see there is an income of over 100,000.00 just by the reviews. (Could I use That as evidence when I submit my request for child support?) also his Facebook/Instagram is very open and public. Dinners, to his current wife are all posted and his current jobs he is working on. My problem is he continues to abuse the kids mentally... he recently withdrew all the kids savings from the account hes been putting funds into because they did not go to his wifes birthday and he cut off their cell phones because they would not apologize to his wife. The kids were mentally abused by this woman for years... they are older now and only see her when they see their father and thats because he brings her along everywhere. He continues to make my kids beg for money and begs to have their cell phones turned on. He has a tracking app on my daughters phone so every time her and I are out, she gets a text message asking where she is going along with you cant buy anything you dont have any money. Its very stressful.
My question is
Can I use social media postings whatsapp conversations-homestars posting when making a claim for child support and if so how do I present this?

Please excuse any typos,grammar,punctuation errors. Ive not slept in 48 hours worrying about this.
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Old 01-05-2020, 12:32 PM
standing on the sidelines standing on the sidelines is offline
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Join Date: Dec 2006
Location: Kitchener Ontario
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I would just go file for CS. He will have to provide financials then you go from there. Dont worry about the trips etc with his wife, you have no idea who paid for what. I am not sure if I would trust reviews etc, he could be faking some to make himself look more successful in order to try and get more business.

As for the cell phone, the kids are old enough to have part time jobs to pay for their own cell phones.

If the bank account was just in his name then he can do whatever he wants with the money in it.

The kid are old enough and you have had them long enough that they would not be forced to go back to living with him, so don't worry about that.
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Old 01-05-2020, 12:44 PM
rockscan rockscan is offline
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Join Date: Mar 2014
Posts: 5,940
rockscan will become famous soon enoughrockscan will become famous soon enough

The social media stuff is irrelevant. The kids are old enough to decide where to live which means he will waste thousands trying to fight for it.

The biggest item is the withdrawal from the savings accounts. If you have proof of his withdrawal and any correspondence from him to the kids you can use it.

If you cant afford a lawyer, you could self rep for child support. You simply file either an application for support or a motion to change (if you have an existing agreement). You will request his last three years of income information and if he claims he cant pay, his household expenses and income.

Ignore all of his shit and ignore the new partner. Anything they say and do is irrelevant. Anything they have done to the kids is irrelevant. The only things that matter are a) the kids live with you full time and b) he depleted their bank accounts.
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blameworthy, childsupport, self employed, self representation, socialmedia

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