I have been divorced for 8 years and have one child from the marriage. I have re-married since and have a family.
We have Shared custody and joint Guardianship. My daughter has always lived with me for 50% of the time.
My ex is suing me now, accusing me of not paying child support . She is acting like she had the full customer of the child and I’m owing her money.
We did the Separation agreement out of a booklet and filed it in Provincial Court. We crossed off child support ,as my ex got the house.
We filed Divorce in Supreme Court with only Divorce checked off. The judge denied the divorce stating that a child support needs to be included. I did an affidavit in which I stated that I will be paying child support of $300 per month and the divorce was approved.
I never any order or prior notice by the courts to pay child support. I paid CS voluntarily, even though my ex never disclosed her income and was actually making more money than me and on top of that she refused to pay for extraordinary expenses , I ended up paying for child care, before and after school care summer camps etc.
I did this for years, then my ex sold our matrimonial home and pocketed $200K.
I stopped paying her the $300 CS, as she was clearly milking me. She never gave me a penny from the proceeds of the house.
She has now filed a claim in Prov Court accusing me that I have never paid CS and wants Retroactive CS paid for the last 8 years. So now I have to go to court and prove myself innocent. The only problem is that when I walk into court the judges looka at me as if I‘m the bad guy and my ex is a wonderful person. The judges get irritated when they hear ‘’this father has not paid child support. Poor mom. ‘’
At our pre-trial my ex spoke to a Duty Counsel and they advised her that based on the Affidavit I had signed in Supreme Court, she can make a claim against me there. So now I have 2 claims against me for the same thing in 2 different courts (Prov and Supereme).
Can the supreme court judge order me to pay CS retroactively based on the Affidavit I signed in Supreme Court, even though I never had an Order to pay CS ?
Will the judge take into consideration that my ex benefitted the most by raking in huge profit from the sale of our matrimonial home ?
I offered to pay CS but my ex disagreed saying that I should be paying her the full amount. I don’t think that is fare as she doesn’t have the full custody of the child and the child lives with me for 50% of the time.
We have Shared custody and joint Guardianship. My daughter has always lived with me for 50% of the time.
My ex is suing me now, accusing me of not paying child support . She is acting like she had the full customer of the child and I’m owing her money.
We did the Separation agreement out of a booklet and filed it in Provincial Court. We crossed off child support ,as my ex got the house.
We filed Divorce in Supreme Court with only Divorce checked off. The judge denied the divorce stating that a child support needs to be included. I did an affidavit in which I stated that I will be paying child support of $300 per month and the divorce was approved.
I never any order or prior notice by the courts to pay child support. I paid CS voluntarily, even though my ex never disclosed her income and was actually making more money than me and on top of that she refused to pay for extraordinary expenses , I ended up paying for child care, before and after school care summer camps etc.
I did this for years, then my ex sold our matrimonial home and pocketed $200K.
I stopped paying her the $300 CS, as she was clearly milking me. She never gave me a penny from the proceeds of the house.
She has now filed a claim in Prov Court accusing me that I have never paid CS and wants Retroactive CS paid for the last 8 years. So now I have to go to court and prove myself innocent. The only problem is that when I walk into court the judges looka at me as if I‘m the bad guy and my ex is a wonderful person. The judges get irritated when they hear ‘’this father has not paid child support. Poor mom. ‘’
At our pre-trial my ex spoke to a Duty Counsel and they advised her that based on the Affidavit I had signed in Supreme Court, she can make a claim against me there. So now I have 2 claims against me for the same thing in 2 different courts (Prov and Supereme).
Can the supreme court judge order me to pay CS retroactively based on the Affidavit I signed in Supreme Court, even though I never had an Order to pay CS ?
Will the judge take into consideration that my ex benefitted the most by raking in huge profit from the sale of our matrimonial home ?
I offered to pay CS but my ex disagreed saying that I should be paying her the full amount. I don’t think that is fare as she doesn’t have the full custody of the child and the child lives with me for 50% of the time.
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