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What legislation specifically states that Child Support is the right of a child?

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  • #16
    Were there any reasons in his decision you received? That might help with what your ex convinced him of.

    I dont think either the fcsg or the divorce act clearly state child support is the right of the child but they might. I would go through those with a fine tooth comb so to speak.

    Then I would go through any other decisions this judge made that may be on canlii and see how many had been successfully appealed. You may need to go to the courthouse for that. All of that info will help prove hes a bad judge because you arent the only one who has had a wrong decision.

    Then find out if theres any way you can have this judge excused from your file. Not sure if thats possibly but if you have an open complaint you may be in luck.

    Then file a new motion for support based on your kid going away to school!

    Comment


    • #17
      If you search Canlii you'll get many hits for the phrase "child support is the right of the child"

      Cases go back as far as 1973 in Cartlidge and Cartlidge, "The order of maintenance enured to the benefit of the child and could not be bargained away by the mother." This was cited by the Supreme Court in Richardson v. Richardson in 1987; "Child maintenance, like access, is the right of the child:" If may be in a legislation but it's certainly part of our Common Law now.

      Also, are you able to review the case with a lawyer to see if there are any grounds to file a complaint against the judge? (Don't know if this is possible.) Is it too late to file an appeal?

      Comment


      • #18
        The complaint is the wrong thing to do. You should have appealed the matter. Lamenting about it in a complaint will only get you a letter back advising you the right course would have been an appeal.

        There are mechanisms in place to deal with errors in law. It is the appeals process.

        Good Luck!
        Tayken

        Comment


        • #19
          Originally posted by lancelot View Post
          That was despite my motion response including a letter from my insurance company as to my accident and claim, and letters from my chiropractor and physiotherapist as to my 3 times a week therapy that I required due to the accident.
          FYI: Not one of the mentioned organizations and people are recognized medical professionals. You need a doctor registered with the College of Physicians and Surgeons to testify to your disability. Not a pseudo doctor (chiropractor). They hold about as much weight with the court as a "professional" from the Psychic Friends Network.

          If you were self represented and stood for the whole time and didn't request any special accommodations for your disability or injury you made your first mistake. If your disability prevents you from employment it should prevent you from self representing. (Generally this is what judges say.) As well, if you were truly unable to work then you qualify for legal aid and other supplemental support.

          ...

          b. The Applicant claimed she couldn’t work because of a brain tumour, but her medical disclosure suggested a very mild problem with little impact on employability.

          c. “The bankrupt impressed me as someone who simply did not accept the findings of the judge and who was insistent on the merits of her case.”

          ...

          h. “I do not accept that the bankrupt is unable to work.”

          Source: Izyuk v Bilousov, 2015 ONSC 3684 (CanLII), par. 20, http://canlii.ca/t/gjg8q#par20
          The "disability" tactic in family law is often called out. It is used too often. If you were truly disabled then you would have asked for accommodations for your disability.

          Like others in this thread your story is disjointed and questionable.

          Good Luck!
          Tayken

          Comment


          • #20
            I also had a letter from my family doctor as to being off work. I just didn't mention it above. So it was medically professionally verified.

            It was a 5 minute motion, so asking for a disability accomodation for it didn't occur to me or the duty counsel who helped me that morning. She also thought it was a slam dunk in my favour after she reviewed the motion materials before the motion.

            The reason that I mentioned the insurance company 's letter, the chiropractor and physiotherapist above is because that they all relate to my car accident...which the judge stated in the endorsement that he doubted that I even had **a car accident**...not that he doubted that I was injured. Big difference there.

            Therefore I believe that he had a preconceived bias against me because he didn't even look at the evidence. He doesn't mention the actual evidence in a 2 page endorsement.

            That's part of the basis of the reason for a complaint: the motion judge ignored the evidence. He said that I stated that I had made $25 k so far that year when instead I stated about $6,000. He essentially made up his own reasons to cut my support.

            For my trial 3 months later, I had 23 letters in total from all sorts of very qualified medical professional including 2 psychiatrists, and an orthopedic surgeon because my medical leave and continuing bad health was due to many things, not just one thing.

            My ex admitted that via Request to Admit at our trial that my letters were all genuine. The trial judge stated that he was satisfied that I had done the best that I could do employment wise and he accepted all of my various health issues.

            Back to the original point, I would like to thank the people who came up with the new issues and suggestions as everything helps here.

            Comment


            • #21
              Also I explained above why I couldn't and can't appeal it tgen or now.

              I can't, it's too late, the trial was too close and it's not the point.

              The point is the judge messed up in many ways. He didnt do his job with the considerations and process he is supposed to follow.

              Comment


              • #22
                Originally posted by lancelot View Post
                Also I explained above why I couldn't and can't appeal it tgen or now.

                I can't, it's too late, the trial was too close and it's not the point.

                The point is the judge messed up in many ways. He didnt do his job with the considerations and process he is supposed to follow.
                we don't have all the facts in front of us, the judge did. Some stuff isn't making sense to me and I think to others.

                Its pretty common when someone doesn't win their case to blame the lawyer or judge. I think when you didn't appeal the decision you sort of sunk your own ship on this. Sorry.

                Comment


                • #23
                  Well, I will say that my trial had the exact opposite result.....I "won" hands down, self repped.

                  So this is not me blaming the motion judge as sour grapes because everything later got fixed at the trial.

                  I am not trying to fix anything other than getting a bad judge get his hand slapped and put under a microscope if possible by his peers or the Ontario Judicial Council. For the better good of the system...and to hopefully be able to avoid this judge (if possible) in the future as ex is very litigious.

                  We had a very experienced trial judge, who carefully took everything into account and explained it all beautifully in a concise logical 13 page reason for judgment.

                  Thus when a good judge considered the facts properly, the right judgment got made.

                  Comment


                  • #24
                    most likely nothing will happen to him. If things got changed so you ended up getting CS then I would just let it go.

                    Comment


                    • #25
                      Originally posted by lancelot View Post
                      I also had a letter from my family doctor as to being off work. I just didn't mention it above. So it was medically professionally verified.
                      After the fact you raise this. I don't believe your story. It is very easy to say "oh I forgot". But, this would have been the key evidence anyone would rely upon so for you to drop it from your original list is BS.

                      Also, depending on the disability / injury a family practitioner of medicine may not be qualified (by license) to make a diagnosis regarding your ability to work. For example, if your general practitioner says you have a tumor in your skull the court would generally look to a specialist that practices in Otolarynology for their professional opinion. (As was the case in the cited example in my previous message.)

                      Suffice to say your evidence was weak and as demonstrated in your postings to this site your presentment of that evidence was even weaker. (Waffling like this is not a great sign that one can represent themselves in court.)

                      Originally posted by lancelot View Post
                      It was a 5 minute motion, so asking for a disability accommodation for it didn't occur to me or the duty counsel who helped me that morning. She also thought it was a slam dunk in my favour after she reviewed the motion materials before the motion.
                      You know for next time and you should seek those accommodations if you are truly disabled/injured.

                      Originally posted by lancelot View Post
                      The reason that I mentioned the insurance company 's letter, the chiropractor and physiotherapist above is because that they all relate to my car accident...which the judge stated in the endorsement that he doubted that I even had **a car accident**...not that he doubted that I was injured. Big difference there.
                      Not really. The root of the source of your injury is not believed. One can easily draw the conclusion that the judge does not believe you are injured. Either way the judge is stating you are a lying. Bad any way you skin that cat.

                      Originally posted by lancelot View Post
                      Therefore I believe that he had a preconceived bias against me because he didn't even look at the evidence. He doesn't mention the actual evidence in a 2 page endorsement.
                      Nor is the judge required to. You really should retain a lawyer to explain this all to you. Well known facts that judges often read every second page of an affidavit on motions. That is because many affidavits all look the same and say the same nonsense.

                      Originally posted by lancelot View Post
                      That's part of the basis of the reason for a complaint: the motion judge ignored the evidence. He said that I stated that I had made $25 k so far that year when instead I stated about $6,000. He essentially made up his own reasons to cut my support.
                      Then appeal. That would be an error in law.

                      Originally posted by lancelot View Post
                      For my trial 3 months later, I had 23 letters in total from all sorts of very qualified medical professional including 2 psychiatrists, and an orthopedic surgeon because my medical leave and continuing bad health was due to many things, not just one thing.
                      Did they testify... See the other thread about letters versus testimony.

                      Also, if you had a trial then you were heard and your evidence was presented regarding your income. If you are correct then the order should have been updated. Why complain now if the matter was fixed and the final order is correct?

                      Originally posted by lancelot View Post
                      My ex admitted that via Request to Admit at our trial that my letters were all genuine. The trial judge stated that he was satisfied that I had done the best that I could do employment wise and he accepted all of my various health issues.
                      So why are you obsessed with the motion that was resolved at the trial obviously?

                      I think you are 100% full of it.

                      Good Luck!
                      Tayken

                      Comment


                      • #26
                        This is all too much to try and understand because your story isn't making sense but I have to ask. Since you had an income imputed was there anything stating you were to be looking for work etc? To me is seems the support was cut because you couldn't prove what your income was. You stated you were self employed so you could very well be working under the table. Things just don't add up but complaining now won't get you far and won't get the judges hand slapped. It's really a waste of your time


                        Sent from my iPhone using Tapatalk

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                        • #27
                          If you did not make the amount of money you were imputed, and if you have a clause that SS requires you to exchange financials every year with your ex, you might be able to file a motion adjusting the SS payable. I would proceed with caution with this though and of course be sure to retain experienced legal counsel prior to doing anything. The wording in the Order is critically important and another reason why having a good lawyer makes sense for things (such as SS) which can go on indefinitely.

                          I wouldn't waste your time with the complaint against the judge. I say this because you have to remember there is this thing called "judge's discretion" when it comes to just about anything in family court. If you disagreed with the order then you had 30 days to file your appeal. I think that ship has sailed. One of the first, and likely most important, questions someone reviewing your file would be to try to see if there was reason for you not appealing the decision. IF there was no error in law and you present no evidence that the judge is going against the rules of conduct then I think your complaint will be "deep-sixed" and you would then expect to receive a polite FO letter.

                          I'd recommend moving on with your life and trying to put this behind you. Rehashing everything is simply not healthy.

                          Remember - things CANNOT be tried twice (res judicata).
                          Last edited by arabian; 05-11-2016, 05:41 PM.

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