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  • disability and FRO

    quick question here..my ex's ex husband is in arrears on CS he owes her. She's able to call the FRO hotline and see how much arrears he's in...can see light a match under FRO's ass to get the money even though he's living off disability?? Is there anything she can do??

    The reason I ask is she's now chasing ME (been CL for 11 years)for CS for her daughter (not bilogically mine)

    we've agreed to mediation (haven't been to 1 yet with her) and I want to mention this aspect (CS from her ex husband)...bad idea??

    thanks for your opinions...

  • #2
    Just a few thoughts, but again run it by your lawyer....

    1) Disability income is still "income". If he's getting it tax free they even have a formula to "gross up" what the taxable equivalent is since CS tables are based on gross income. Unless its quite low disability amounts FRO can still screw the poor guy over and take a chuck of his disability payments.

    2) As for her coming after you for another guy's kid; the term you need to research is "in loco parentis". Basically, if its deemed that you "acted as a parent" then she can screw you over for CS EVEN IF she's still getting CS from the bio Dad. Nice eh ? The key for you is to prove that you didn't "act like a father". Research it for more info. Hopefully you ignored her while you lived with her mother. Like everything else in Family Law, "no good deed goes unpunished". If you were a nice guy and helped with her homework, took her to Dr's appts, maybe disciplined her where appropriate; you're screwed. If you ignored the kid and barely talked or acknowledged her then you're likely OK. Makes no effin sense !

    Good luck !

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    • #3
      Originally posted by shellshocked22 View Post
      Just a few thoughts, but again run it by your lawyer....

      1) Disability income is still "income". If he's getting it tax free they even have a formula to "gross up" what the taxable equivalent is since CS tables are based on gross income. Unless its quite low disability amounts FRO can still screw the poor guy over and take a chuck of his disability payments.

      2) As for her coming after you for another guy's kid; the term you need to research is "in loco parentis". Basically, if its deemed that you "acted as a parent" then she can screw you over for CS EVEN IF she's still getting CS from the bio Dad. Nice eh ? The key for you is to prove that you didn't "act like a father". Research it for more info. Hopefully you ignored her while you lived with her mother. Like everything else in Family Law, "no good deed goes unpunished". If you were a nice guy and helped with her homework, took her to Dr's appts, maybe disciplined her where appropriate; you're screwed. If you ignored the kid and barely talked or acknowledged her then you're likely OK. Makes no effin sense !

      Good luck !

      Thanks Shellshocked...no im "in loco parentis"...there's no getting outta it...as I've mentioned in earlier posts, the step daughter's turning 18 in March. Going to be done HS and "apparently" is looking to continue on to local college (I have a hard time believing that).

      as for the CS from her ex husband...in the papers I got served last week, her lawyer has stated that just because she can't get $$ off him doesn't get me out of it (I'm para-phrasing)

      i'm just wondering if I can bring this up in mediation or whatever and have the proper people thinking about it!!

      anyways thnaks Shellshocked...I'll mention it again with the lawyer

      Comment


      • #4
        Again, I'm not 100% but even IF you got the bio Dad to pay CS, I don't think that would make a whole lot of difference for any CS she might chase you for under "in loco parentis".

        My advice is talk to a GOOD lawyer to determine if you "legally" meet the definition of "in loco parentis".

        To continue past 18, CS is conditionial upon FULL TIME passing grades in post secondary. Make sure she isn't failing or only going part time. Also, I've heard that in reality courts expect the child to contribute 33% of tuition costs with other 67% being paid by parents in proportion to their incomes (ie. section 7 routine).

        Comment


        • #5
          alright...Thanks for that Shellshocked..from what I understand (or heard), the courts look poorly upon bio mom for not at least ATTEMPTING to force some payment from bio dad..anyways..

          hey Shellshocked..might want to clean out your mailbox...I can't respond to any private messages...keeps kicking it back to me saying your inbox is full..

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          • #6
            Will do; thanks !

            Comment


            • #7
              So, what SHOULD bio dad be paying? even if he's in arrears, it is still accumulating.

              Offer to pay her table amounts LESS the amount bio-dad is on the hook for. Make it conditional of passing grades post secondary. (ie. she fails, support stops).

              Comment


              • #8
                Hmmm methinks bio-dad is getting off lightly!Ive heard of CS being taken off Ontario Works recipients ,and ALL tax refunds and tax credits being seized by FRO.What action has been taken up to now?Has his licence been suspended yet?

                Comment


                • #9
                  Originally posted by murphyslaw View Post
                  Hmmm methinks bio-dad is getting off lightly!Ive heard of CS being taken off Ontario Works recipients ,and ALL tax refunds and tax credits being seized by FRO.What action has been taken up to now?Has his licence been suspended yet?
                  Sorry for the late response Murph...NOTHING has been done about bio dad, he doesn't have a license anymore (he let it expire). doesn't work and apparently rents a room in a townhouse.

                  as far as I know, the only income coming in is his disability..so it's a tough situation for sure.

                  Again, my lawyer has put in my response that the stbx should be trying a little harder on chasing the $$ from the bio dad, therefore limiting my monthly CS payments to her.

                  Comment

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