Announcement

Collapse
No announcement yet.

Retroactive child support judgement

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Retroactive child support judgement

    Good afternoon, I have a case currently being entertained in the Manitoba family courts. My ex wife has been awarded $28000.00 retro payment as well as court costs and we are waiting on the judgement if we can not work it out. We will not work it out due to the hatred that has ensued over the past 10 years. I had no contact with my son not by choice but due to parental alienation which my son can attest to. I managed to be able to speak to my son back in 2013, but his mother then removed all forms of contact with the both of us for the time being. In this time I was informed by my son that he was abused physically, emotionally and was depleted of his savings by his mother. When I picked up my son which I made arrangements legally with my lawyer and the RCMP due to feeling he was in immediate danger due to alcohol abuse and drug abuse.This was my sons choice, he had pleaded with me to get him. During 2015 he resided with me, and my ex wife decided to go for a retroactive award. Due to poor representation by my lawyer we were nailed. My question is, I dont have a problem making the retroactive award payments to her as long as she keeps up the support payments required to my son. My concern is, my lawyer stands firm that a lump sum payment will be awarded and I have no options. My question is, how does this benefit the child now since no matter what the amount of CS was would have never been used for the care of my child? And now the award could throw myself into bankruptcy since I am unable to provide a lump sum. This does not resolve the debt, but how do I make a lump sum payment since I dont have the means financially to be able to provide such a lump sum without complete financial devastation. How does this benefit my son? He is being thrown into the same financial situation he was before and has caused him great stress. He is 15 years old. Please any incite would be a relief since my own council dosent seem to want to negotiate a payment plan for me and is steadfast that a lump sum has to be paid. In Saskatchewan, any excessive lump sum payments in the case of a retroactive award are given a fair and just payment plan not to cause financial distress.

  • #2
    I believe any "payment plan" for arrears and ongoing support could be through the Maintenance Enforcement Programme. Either you or your ex can register. In order to negotiate a repayment with MEP you would have to complete a financial statement. You would be best to check out your options:

    https://www.gov.mb.ca/justice/family/mep/payors.html

    Some people prefer paying child and spousal support through the MEP as they don't have to deal at all with their ex - you make payments to MEP and MEP pays your ex.
    Last edited by arabian; 01-17-2016, 06:47 PM.

    Comment


    • #3
      Originally posted by bert99 View Post
      My question is, I dont have a problem making the retroactive award payments to her as long as she keeps up the support payments required to my son.
      Just to be clear, you don't mind making payments to her as long as she pays you?

      You didn't pay for years and years and now you want to insist she pays?

      Pot meet kettle.

      Comment


      • #4
        1. I think it is very reasonable that she doesn't have to pay you any CS and it gets deduced against what you owe her?

        2.Do you have any assets?

        Comment


        • #5
          Originally posted by Links17 View Post
          1. I think it is very reasonable that she doesn't have to pay you any CS and it gets deduced against what you owe her?

          2.Do you have any assets?
          that is a very good way to do it. The money she is suppose to pay him is deducted from what he owes her. Maybe have it that once the money is all gone she has to start actually paying or if it hasn't run out when the child turns 18 then he has to pay any remaining money to her. Seems the fairest way to do it.

          Op you do lose some points though complaining she better pay you when you owe her 28000 in back CS.

          Comment


          • #6
            Originally posted by Links17 View Post
            1. I think it is very reasonable that she doesn't have to pay you any CS and it gets deduced against what you owe her?

            2.Do you have any assets?
            I agree with this.

            Sent from my SM-G903W using Tapatalk

            Comment


            • #7
              I believe that is what we tried to offer her, but she is in refusal of it. I have agreed to just take it as a credit, pay her the difference in a lump sum as well as her legal fees and we call it a day. Not a chance, wants a lump sum. Just wanted to know if anyone else has been in the same situation. Yes I do apologize in my recent post for more or less whining, No need to get into facts and who's wrong and who's right. Just want to know if in a situation like this if personal bankruptcy may be the answer. Doesn't wipe out the debt just makes room to survive. I own a business, so I have to shut that down as well I'm told.

              Comment


              • #8
                She may think she can insist on a lump sum, but if you don't have the money, can't sell any assets and don't qualify for a loan, how does she think she's going to get it? If you work out a reasonable repayment plan, that may be well-received by authorities, even if it isn't by her.

                Maybe show a payment plan that repays her the $28,000 over the course of 28 months, subtracting her CS obligation to you, so you pay her whatever is left per month.

                As you were ordered the retro payment and to pay costs, that says to me that her case was stronger than yours. You should have been paying CS all along.

                I know it feels like she gets a free money windfall to spend on herself, especially since the kid is now with you, but it's really repayment for all the things she sacrificed so the kid could be sheltered, fed and clothed for the last ten years when you were supposed to be helping out. You benefited a lot by not paying that CS, and now you're considered to be financially advantaged as a result.

                I do notice you mentioned an issue of her depleting your son's savings? What's that about? Does he have documentation (bank statements?) that prove she took money from him? You could maybe argue that an appropriate amount of the arrears should go directly to him instead of to his mother.

                Comment


                • #9
                  Thank you, I was paying the CS all those years. Just not paying the top up amount that courts ordered back in 2009 when my income changed. Nonetheless, it is what it is, just looking for options. Im not pointing fingers other then the fact that I should of seen this coming and just do my due diligence. Yes we do have proof of her withdrawing about $1400.00 and closing his account as well as another issue that my son was forced to take part in which is highly illegal and should not discuss on the advice of my lawyer in order not to set her off. Judge refused to deal with anything but the financial aspect. All other claims were ignored. So that's fine, I can do that on my own. My lawyer failed me horribly, reprimanded twice in the court proceedings for loosing her cool. My lawyer has contacted me once since December and does not return calls. Always tells me she will ponder it and is preparing for a big trial every damn week. So this whole thing was ugly. Just looking for some advice on how to deal with it.

                  Comment


                  • #10
                    If you owe your lawyer money then don't expect to have your calls returned promptly. I say this because you admit that you did not pay the appropriate amount of CS since 2009, amounting in substantial arrears, and it would not take much of leap to conclude that you don't pay your bills in a timely manner.

                    I believe you have an option of having your lawyer ask the court for a repayment schedule. I think it is much less expensive to either settle this with your ex or go through MEP.

                    Comment


                    • #11
                      I'm asking that my ex reimburse me by making payments instead of a lump sum and we are quoting the following cases:

                      Lee v Lee [2003]
                      Laufer v Laufer [2006]
                      Woodridge v Hayes [2004]
                      De Jong v De Jong [2009]


                      My case is in Ontario, not Manitoba, but they may be helpful.

                      Good luck.

                      Comment


                      • #12
                        Originally posted by arabian View Post
                        If you owe your lawyer money then don't expect to have your calls returned promptly. I say this because you admit that you did not pay the appropriate amount of CS since 2009, amounting in substantial arrears, and it would not take much of leap to conclude that you don't pay your bills in a timely manner.

                        I believe you have an option of having your lawyer ask the court for a repayment schedule. I think it is much less expensive to either settle this with your ex or go through MEP.
                        Who said I owed my lawyer money? And yea that is quite a leap and not appropriate for me to reply too. Thanks for the response. But hey everyone is entitled to there opinion on the basis of my explanation. So Im a big boy I can take the good advice with the occasional shot. But we all have our opinions and all have our views. Have a nice day.

                        Comment


                        • #13
                          Thank you so much, the judge couldn't reference one case like mine from DBS and decided to set a precedent in his words. Exactly what Im looking for. Manitoba's laws are very archaic in a lot of instances

                          Comment


                          • #14
                            I cant find reference to any of those cases in the DBS. Do you know where you found them?

                            Comment


                            • #15
                              Originally posted by bert99 View Post
                              I cant find reference to any of those cases in the DBS. Do you know where you found them?
                              Hm. I don't see them on Canlii. If you want you can PM me your email address and I can email them to you.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X