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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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  #1  
Old 01-11-2020, 10:17 AM
MjD MjD is offline
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My final order was issued in Nov 2016.

1. It states that the non custodial parent is only responsible to travel once every other weekend to attend extra-curricular.

2. Under Section 7 it states that I shall contribute $95 per month for dance or gymnastics or similar activity.

At the time of the order my daughter was enrolled in gynamistics which fell under the court order. Two years ago she decided to enroll my daughter in competitive cheerleading without my constent. It exceeds the gapped $95 amount and is outside of my traveling once per weekend that stated in the order.

Jan 2019 I received claims from opposing counsel for support/s7 arrears and consent to travel more then once per weekend.

Support I agree with however s7 I'm in disagreement with since its outside the capped amount of $95, I never consented and believe competitive cheer doesnt fall under s7?

In the meantime I've consented to travel more then once per weekend which outside of the order and I've only contributed $5000 towards support arrears. However my ex continues to follow the order which suspends my access if I have to work afternoons.

Oct 7th 2019 My lawyer sent proposal to address support/s7 arrears and request for additional access. I still haven't received response.

I dont have lawyer now and I just found out my ex doesn't have her old lawyer after I tried to setup DRO.

I'm unrespresented and want to setup DRO. How do I move this case foward in the most efficient manner?
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  #2  
Old 01-11-2020, 08:47 PM
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Why not just:

1) Not pay
2) Not bring the kid on your time

And let her start a court case if she is so inclined?
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Old 01-11-2020, 09:42 PM
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Honestly that's exactly why this case has come to halt. Mtc was initiated by her until I consented to travel more then once over the course of weekend.


She is currently following the court which suspends my access when I work afternoons

Vs

Consenting to take my children to more then one activity on my access weekend which is against the final order.

I was thinking about that approach not sure how that would go over with judge if this case goes to court. Dont want to give her any advantage..

Is competitive cheerleading a section 7 or extraordinarily expense?
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Old 01-11-2020, 11:57 PM
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Competitive cheerleading is probably not S7 unless she is on Team Canada and going to the Olympics.
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Old 01-12-2020, 07:38 AM
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Quote:
Originally Posted by Tayken View Post
Competitive cheerleading is probably not S7 unless she is on Team Canada and going to the Olympics.
At the time of my final order my daughter was enrolled in gynamistics which fell under section 7.

My order stares " dance or gymnastics or a similar activity at the rate of $95 per month until it goes up"

Currently my daughter has been enrolled in competitive cheerleading without my consent which well exceeds the capped $95 amount around 4k per year.

1. I havent agreed to pay the exceeded amount.

2. Unfortunately I consented to take her mandatory practices 6months
despite the court states I shall not travel more then once over the course of weekend to attend extracurricular activities. Can I claim my position is unsustainable and resort back to the order until judge decides on the outstanding matters of additional acess?
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Old 01-12-2020, 07:41 AM
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Quote:
Originally Posted by Janus View Post
Why not just:

1) Not pay
2) Not bring the kid on your time

And let her start a court case if she is so inclined?
Not bad idea to get the case going. 3 months since my proposal was received to address support/s7 arrears and additional access. Still nothing...
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Old 01-12-2020, 05:51 PM
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Quote:
Originally Posted by Tayken View Post
Competitive cheerleading is probably not S7 unless she is on Team Canada and going to the Olympics.
To paraphrase your comment on a different thread...

...Competitive cheerleading should not be S7, but let's be honest, a judge would probably make it S7 anyway. That stuff ain't cheap.
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Old 01-12-2020, 06:43 PM
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Quote:
Originally Posted by Janus View Post
To paraphrase your comment on a different thread...

...Competitive cheerleading should not be S7, but let's be honest, a judge would probably make it S7 anyway. That stuff ain't cheap.
What thread was that I said that?
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Old 01-12-2020, 08:39 PM
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Quote:
Originally Posted by Janus View Post
To paraphrase your comment on a different thread...

...Competitive cheerleading should not be S7, but let's be honest, a judge would probably make it S7 anyway. That stuff ain't cheap.

So in other words weather she decides to get my consent on any extra-curricular activities is unfortunately irrelevant. I should bent over and take it in the ass and just give her my credit card to save any hassle?
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  #10  
Old 01-12-2020, 09:31 PM
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Quote:
Originally Posted by Tayken View Post
What thread was that I said that?
I think it was you. It was something about child support. Somebody had said that something was the way it is, but you clarified that the something was the way it should be, implying that it was not necessarily so.

Hopefully, by my incredibly precise description, your memory should be jogged.
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