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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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  #21  
Old 09-29-2011, 07:44 PM
mizzliz90 mizzliz90 is offline
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A subpoena to the college or his daughter? what are the steps to serve a subpoena?
  #22  
Old 09-29-2011, 07:46 PM
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NBDad NBDad is offline
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Ask for an itemized receipt for the expenses from the ex and pay his portion directly to the school.

Ask for receipts/proof of enrollment prior to paying.

Kick your lawyer in the ass or fire him and get one that isn't useless.
  #23  
Old 09-29-2011, 07:48 PM
mizzliz90 mizzliz90 is offline
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Ok thank you....well we are finished with our lawyer....useless is an understatement. Can he do the subpoena without a lawyer?
  #24  
Old 10-01-2011, 10:09 PM
AtALoss AtALoss is offline
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I am not sure exactly how that may work, But I can offer this...

You need to Start a motion to Vary/Change this can be done with out a lawyer. You can seek guidance from Duty counsel that day and you can also ask them to speak on your behalf. They then can seek another date in court, in the meantime you ask for help getting sure you have alll your paperwork in order. No they cant spend alot of time on you but you must have something together and they can tell you what is right or wrong and what else you may need. Thats what they are there for.
But you will need to ask the Judge to Order the disclosure and there is froms that are required. Just by asking your EX alot of the time they wont give. Under order is more likely. I will get you the exact form #'s. But also you need to ask for a stay to the support. FRO will do nothing until that stay comes in under order.

I will continue this shortly.
  #25  
Old 10-01-2011, 10:32 PM
AtALoss AtALoss is offline
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On this site you will find any and all forms you would ever need.

Family Law Rules Forms — Ontario Court Services

13 or 13.1, 6B, 15, 20, 26

#20 is your request to supeona if the other party does not give so voluntarily the judge can order it. The forms are self explanitory. when you have filled them out you need the afidavit of service returned to the court clerks in order to get it started. Go see the clerks with your forms and they will guide you and when all is done make sure that you complete and return the confirmation to the clerk by when they tell you or it will not get entered on the running list and well no court date and wasted effort right. aske about what form etc you may or may not need for a stay you must have this step too. This will stop the support while all is being heard. This will stop you overpaying or accumulating any arrears

Last edited by AtALoss; 10-01-2011 at 10:35 PM.
  #26  
Old 10-08-2011, 12:08 AM
Mark1968 Mark1968 is offline
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Can form #20 be used to specifically request school records? If so, is there a pre-requiste action I have to take or can I simply serve the form on ex?

My child is over 18 and not attending post secondary. My order does not specify an end date to support so family law act would apply. My order stipulates that my ex is to provide me with all school records and medical records and I am to provide my ex with my tax return info.

I have not provided any tax info since 2009 because we have been completely out of contact, I am actually now making about 30K less than my support payment is based on. I tried contacting ex re the school and medical records, she left me a vm informing me that I am entitled to them but if I want them I can have my lawyer call her lawyer, this was a few months ago. I paid over 15K in legal fees for the last case, her cost is nil as she receives legal aid. She dragged out the case and my costs went up. Right now I can't afford to go back to court. I also can't afford to continue paying knowing that my child is not enrolled in post secondary education. Two years ago my child passed 1 high school course, don't know what happened this, the last year but I assume that there is no possible way my child could have graduated given that by grade 11 there were less than half of the credits required to graduate earned.

What can I do? I did request that Fro withdraw from the case and filled out the forms but the mother denied that the child is out of school.

If a child fails in highschool and requires an extra year, or two, or three to complete it...is this considered as full time education eventhough the child is over 18? Should I bring this to court? Should I hire a private investigator to find out if my child is actually attending school? The big problem here is that ex has endless legal resources, the last time we were in court she had use of legal aid despite having her own business. In court, she denied that she had her own business and that in fact she had funds. The business is registered in her partner's name so that ex can receive gov't benefits for our child as well as the other ones she has...legal aid being one of those benefits.

I've continued paying support based on my old income because I don't have the funds to go back to court and apply to have support varied, the last time we were in court it took over two years. I've attempted to have Fro discontinue collecting based on the fact that child is not in school, obviously without the ex's co operation this too failed.

What can I do, on a budget? I have no contact with my ex or child, in fact since the last court case ended two years ago my ex has changed her phone numbers, prior to changing them she would not return my calls. My child does not return my calls or text messages, I tried for a while but at this point I no longer seek contact.
  #27  
Old 10-11-2011, 02:22 AM
beebie beebie is offline
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If your child is over 18 by now, file an application to terminate support. The onus is on the other party to prove the child is still dependetnt, Your affidavit should detail all your attempts to verify status of child. You can do it yourself.
  #28  
Old 10-20-2011, 05:53 PM
mizzliz90 mizzliz90 is offline
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If a 22 yr old is to be in college....but she is doing "online classes" is that considered full time post secondary? She claims she is going back in January to attend the college....yeah ok. Court order stated in May that we were to receive registration when she went back but have not yet. Can we take the court order to court and show them they didn't comply? Hope someone can help me
  #29  
Old 10-20-2011, 07:08 PM
beebie beebie is offline
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Again the onus is on the recipient of CS to prove the child is still a dependent. Specifically by providing proof of registration/enrollment. Without that, they haven't proven entitlement to CS.

Check what "full time" actually means at that institution ...Income Tax requires 10 hours of study a week or something. Some Interpretation Bulletin covers it.

Also child over 18 should make a contribution.

I wonder if the college has to be "accredited" or something. Online courses could be totally legit or not. I remember you used to be able to get degrees off match boxes. Anyhow, if you forgot to state this in your Order or Agreement, you might be wishing you did right about now. However, might be something to bring up in Court if college is bogus.

Also evidence of grades should be provided to payor.
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