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  • Best way to do this

    There is a paragraph is our consent order that I can bring a motion for CS at will. But my lawyer says I cannot bring a motion because I never asked for CS in my original application. She said I would have to bring a new application for it.

    The consent order was issued by provincial court. This file was subsequently merged into superior court file when I applied for divorce.

    Our son is getting ready for high school next year and he constantly keeps asking if I have saved anything for his university. I had in a way saved for him in the form of home equity which was all washed away to pay equalization and legal bills. Of course, I can't tell him that but I have to do something and I think I have to get help from the mom but she won't cooperate. She and her legally aided lawyer won't provide court ordered tax info either.

    What is the best strategy? Should I bring a 14A motion to ask for amended application or bring new application for CS and other expenses? Can I bring new application in provincial court as the legal fees are cheaper there?

    Thanks for the feedback.

  • #2
    Going for CS

    If you go the legal route, you'll likely just end up putting a lawyer's kid through school instead & still have nothing to show for it.

    If your son is just starting high school you've still got 4-5 good years of saving time yet, plus you can help him while he's going to school.

    It's very hard to go against a legal-aid funded oppnent - I know, I've done it.

    Good luck & take care...

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    • #3
      If the child resides with you, she should be paying CS. This should be black and white. Yes, you would need to file an application if she is being a deadbeat, but no, you won't be "putting a lawyer's child through school" with the legal fees you pay.

      In 9 out of 10 cases as soon as you serve her she will smarten up and settle. In the 1 out of 10 cases, you will seek costs at the hearing. The trick is to keep control of your lawyer and not allow endless letters going back and forth; these are costs you can't seek. Send one letter seeking the Table amount of support, if no response then file your application.

      If there are some kind of extenuating circumstances here (she is on welfare, she is neck deep in debt, she is supported by a boyfriend and has no job) then we need to examine the situation more closely. But if it is a simple situation where you have the child and she has a job, then there shouldn't be any extreme costs to you.

      If you are going the motion route and were already through the Superior Court of Justice then you will have to stay there. I am not certain if you can bring a fresh application through the Ontario Court of Justice if you have already divorced through the Superior Court.

      I am also puzzled how you got a divorce order which incorporated your custody order without addressing child support. That sounds like a messy business. In any case, your current order is the Superior Court, that is where you file for ammendments. Again, I'm not sure if you would be able to file a fresh application in provincial court on this matter. If child support was never addressed at all, then this is a fresh matter.

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      • #4
        Originally posted by singledad99 View Post
        There is a paragraph is our consent order that I can bring a motion for CS at will. But my lawyer says I cannot bring a motion because I never asked for CS in my original application. She said I would have to bring a new application for it.

        The consent order was issued by provincial court. This file was subsequently merged into superior court file when I applied for divorce.

        Our son is getting ready for high school next year and he constantly keeps asking if I have saved anything for his university. I had in a way saved for him in the form of home equity which was all washed away to pay equalization and legal bills. Of course, I can't tell him that but I have to do something and I think I have to get help from the mom but she won't cooperate. She and her legally aided lawyer won't provide court ordered tax info either.

        What is the best strategy? Should I bring a 14A motion to ask for amended application or bring new application for CS and other expenses? Can I bring new application in provincial court as the legal fees are cheaper there?

        Thanks for the feedback.

        Have your child attend a college or university in the same place your reside. That's a huge savings
        Have them apply for scholarships in their last year of high school.
        Try applying for OSAP your child might be eligible for a loan as well as a grant.

        The person that wrote about putting the lawyers child through school is absolutely correct!!!

        Comment

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