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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 12-23-2010, 10:46 AM
Deut7 Deut7 is offline
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Default Ex Refuses to Provide Notice of Assesment

Hello,

I have a question for one of the Moderators or anyone that may know the answer to this question.

In my divorce agreement I have it written that by no later than June 1 of each year that the Respondent will provide to the Applicant his Notice of Assessment from Revenue Canada and that on July 1 that CS and SS will be increased according to the Guidelines.
Now my Ex has made a choice not to see our son although he has the right and I have NEVER refused him and I WILL NOT refuse him is right.
My former spouse saw my son on Dec 28th of 2009 and has made NO attempt to contact him since. My ex told me verbally that he will not provide me the Notice of Assessment for any reason.
I am planning on doing a Contempt of Court motion.
Does anyone have any experience with this issue? I do not have a lawyer now and wish to make sure that we get what we need. My son and I live on less than $13,000.00 per year.

I am also interested also if anyone has any ideas on a Undue Hardship claim in this instance as well.

I am not able to work due to many physical Disabilities. Thanks to all who provide honest information.

  #2  
Old 12-23-2010, 12:29 PM
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You need to request he provide you his notice of assessment in writing, via Registered Letter. He has 30 days to respond. He can ignore the request, but you then simply go down to the courthouse and file a motion to compel.

Be forewarned that if he makes LESS the prior year, you'll receive less support as well. It goes both ways.

Quote:
I am planning on doing a Contempt of Court motion.
For this issue alone? I wouldn't...at least not yet, it's premature. You have to go through the proper motions first to give him a choice to respond.

Undue hardship? From his end? Virtually impossible as the father...the standard of living has to be drastically different between the households. As in you'd have to live like a millionaire while he slept in his car different.

I assume you are on income assistance or similar? In that case, your income is effectively 0 and he has no chance of a hardship claim. Zero, Nada. Doesn't mean he won't try...just means he has a snowball's chance in hell of it being successful. I was in a similar situation and my $400/hour lawyer told me to save my money for a battle I could actually win.

Worse comes to worse, go file with FRO. In all honesty how much of a difference are you looking at? In this economy it's entirely possible he's made less.
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Old 12-23-2010, 12:44 PM
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Child support and access are mutually exclusive.

Him not exercising his access doesn't mean he doens't have to pay CS.

Him not paying CS doesn't remove the access.

The reason is that CS and access are rights of the child, not the parents.
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Old 12-23-2010, 01:37 PM
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Quote:
Originally Posted by dadtotheend View Post
Child support and access are mutually exclusive
Oh dear, I hope not!
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Old 12-23-2010, 02:08 PM
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sorry I confused you. I am the applicant mother who is supporting the child. I am thinking of doing an Undue Hardship claim. That is why I asked the question. Why do you think it is premature to go after a Contempt of Court Motion? He was to have done this in June of 2010 and we are now in Dec. I have requested this once verbally only. Should I send a letter to him and then wait for an answer?
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Old 12-23-2010, 02:14 PM
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I have no problem with the Access part. Dadtotheend you and I have talked about this before. I have no issue with this so long as he does not threaten my son again...yet I have not made any attempt to stop him from seeing his son. He has made the choice NOT TO not me. He has the phone number and has been given my permission to call daily...NO PROBLEM,,,,again HE CHOOSES NOT TO CALL. I can not help it if he is a louse for a father. I am gathering from all of the times he did see my son which amount to 10 times from when he walked out...that all they ever did was go to a friends house and he was told to play with the kids and the dad visited with the adults. I do not call that visitation with the child. I call that Dad visiting with his friends and excluding the child from one on one time with Dad which is what I though was part of the point of being a father and Vistitation? I guess the Death threats are the point of Access for his father. We must always be careful and tread water before we shoot ourselves in the foot on an issue. Always have the facts as much of them as is available to you before you make a firm statement such as access and child support go hand in hand. In actuality they do not. Abusive fathers should only have at best supervised visitation. Very supervised so that they can not abuse again. I am a firm person on this issue. We must do what is in the SOLE BEST INTEREST of the CHILD NOT the Adult. Adults need to grow up.
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Old 12-23-2010, 02:16 PM
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NB Dad, thanks for the info. Yes I can do the Registered Letter no problem and give him the required 30 days as you have mentioned.
Then if he does not comply you stated go down to the Court house and file a Motion to Compel???? What is this motion I am not aware of it? Can you please explain?
Thanks
  #8  
Old 12-23-2010, 02:22 PM
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DadtotheENd: Exactly they are the rights of the child. The child in this case has been threatend by his Father 2 times with Death Threats. He has had to listen to his Father call me horrific names, Oh the Court Order says he can not alienate the child..Well it backfired on him as the child has now stated clearly to his Prinicpal at his school and to me that HE DOES NOT wish to see his father as he is mean and nasty and talk bad to my mommy. I did not have any role in what his father says in front of others. See it is not true, child support and Access are not always a right, the access is a privilege of the court but the child can remove it but the support will continue...My son deserves to be supported by his father. But he does NOT deserve the Abuse. So I would like to hear what you have to say about this now? Now that I have given you the full light of the situation.

As one other member stated, Oh dear we hope that child support and Access are not mutually exclusive of each other. That would and could in many situations cause children to lose their lives. For the foolish rage of a parent that has Anger control issues.
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Old 12-23-2010, 04:02 PM
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Motion to compel him to provide the necessary financial records and for an adjustment of the current support order as per the existing agreement.

Go down and talk to the court clerks or the FLIC, they can point you in the direction of the forms/processes you'd need to look into. Also, you may qualify for legal aid, have you looked into that?
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Old 12-23-2010, 04:23 PM
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Although I don't know the reasons for them bailing, they do, currently, appear to be some sort of dickweed.
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