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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

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  #1  
Old 06-06-2019, 01:16 AM
tunnelight tunnelight is offline
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Join Date: Jul 2017
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tunnelight has a little shameless behaviour in the past
Default child support set to zero !

well, the battle is finally over. My lawyer and I managed to persuade the judge to set child support to zero following our shared parenting regime and my involuntary loss of employment

quick background, after approx 4 years of litigation I got an order for joint custody and shared 2.2.5.5 parenting. shortly thereafter I lost my job due to layoffs and ex demanded imputed income. I was granted leave for motion.

motion was originally set for 2 months down the road and then adjourned again for 1 month because ex fired her 3rd and final lawyer and needed time to find new counsel.

basically, judge let her know it was an uphill battle for her. that even if she was successful in imputing income to me (best case scenario), which the judge said was highly unlikely, she would still owe me overpayment of CS retroactive to summer of last year when we started 50.50. worst case scenario, the most likely, she would fail at proving me intentionally unemployed and be ordered to pay overpayment since July of last year and from late last year using my EI amount (about half what I earned) and would also have to cover my legal fees.

judge complimented my through job search efforts and the more than ample emails from recruiters (thank you rockscan for that tip), said my decision to go back to school was in my favour, and was impressed by the fact that I continued to pay the old child support order until a new order is issued.

no child support payable due to shared parenting. (as my lawyer worded the minutes of settlement)

I wasn't going to forgo the overpayment but just wanted to put the court matter to sleep and start reintegration therapy fresh without ongoing court conflict. The judge absolutely adored my offer to for Go retroactive and was totally on my side about everything. I did everything perfectly.

Will still be back from time to time for advice and discussions and will be more than willing to help parents given my exposure to the family court system in last 4+ years. courts, motions, access, contempt, denial, holidays, daycare ,s7, rofr, mediation, ocl , child support, you name it. been there done that.

I must also advise I'm trinton, and some other banned accounts due to some bumping of the heads with some mods I thought to be unfair. I also know the owner of the forum wished me very many more wins in the future a while back, and well, let's just say I took that comment in a good way.

love me, hate me, don't matter to me. The judge at this absolute last appearance of my motion to change absolutely adored me and my position.

Last but not least, thank you Janus, LF32, Tayken for your support.

Thank you Rio, Blink, Arabian, and rockscan, for your support on the good days we got along


to the owner of the forum, well, thanks for the channel to allow seperated and separating parents to collab. if you still wish to ban me, that's completely up to you. If there's anything I've learned on your forum from all of the bans, it's to not project my exes ways onto most other single moms who come to your site with similar stories - I'm going to be careful with the word story here because they're not always just "stories". Lots of good single moms here that should not be likened with my ex.

Last edited by tunnelight; 06-06-2019 at 01:51 AM.
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  #2  
Old 06-06-2019, 07:23 AM
tilt tilt is offline
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Congrats! It is a marathon, not a race, and you passed (this) finish line. Hopefully with this behind you your relationship with your co-parent will improve. Good luck with school and your future job search.
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  #3  
Old 06-06-2019, 09:48 AM
rockscan rockscan is offline
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I remember your posts and much of what the “haters” had to say was about relevance. Parents going through this tend to let their emotions take over and every little thing is a battle. Good for you that you have finally reached an end. Don’t expect it to be over though. If your ex played the games she did over the years, she will continue on in the future on other things. Definitely get your child into therapy as she will see the most impact being subjected to a high conflict parent.

Good luck to you sir!
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  #4  
Old 06-06-2019, 09:12 PM
tunnelight tunnelight is offline
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tunnelight has a little shameless behaviour in the past
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thanks rockscan.. and counselling for myself to rinse off and grind ! It's been quite a toxic number of years.
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  #5  
Old 06-06-2019, 09:53 PM
rockscan rockscan is offline
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Theres a lot of good in talk therapy! My husband had a lot of growth following his. Trying to get him to go back for a refresher as he goes through his legal battle.
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