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What legislation specifically states that Child Support is the right of a child?

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  • What legislation specifically states that Child Support is the right of a child?

    I would like to put in a complaint against the Ontario judge who arbitrarily cut off my son's child support in September 2014.

    Judge R ordered it cut due my stbx's motion...cutting it from $501 monthly to ZERO dollars, despite my imputed $16,000 income, stbx's income of over $80k, and shared custody, with a divorce trial scheduled less than 3 months from the motion.

    This Judge R is very well known throughout our legal community with a reputation for being a bad political appointment (rather than well qualified by a distinguished respectable career), a loose cannon, a drunk, and a man who hates women and support recipients.

    I can't imagine that i am first to complain.

    The reason that I want to complain now is that I foresee coming up in my local divorce courts again by my ex-spouse, who would dearly love to have Judge R back in his corner again.

    I didn't/couldn't appeal in Sept 2014 because my trial was less than 3 months away so an appeal or another motion were both bad options.

    Judge R clearly didn't read either my stbx's motion which actually verified my imputed income due to my bad health. He just reacted without consideration of the evidence in the motion before him...or the consideration of my child's needs.

    I feel that this complaint needs to be done to:
    a) prevent me and my children from suffering from a bad judgment from this Judge ever again (as an official complaint would render that impossible hopefully);
    b) get the Judicial Council to see what kind of a judge this man is and get him the professional help he clearly needs for his drinking problem (or a medical leave) and/or get him educated and on notice that such decisions are not acceptable to the Ontario Judicial Council.

    This man clearly gives judges and the legal system a bad name.

    To do this though...I need to know exactly where I can cite that legal obligation where "child support is the right of the child".

    Any help anyone please?

  • #2
    why is your ex not paying CS for that kind of income. I think there is something being left out.

    Comment


    • #3
      That is exactly the point

      That's exactly the point of making a complaint:

      There was no reason to cut off my child support to zero and there was abundant reason to keep it in Sept 2014 when he made that order.

      The SS and CS was ordered by another judge in 2013. My income was lower than it was in 2013, stbx's income was higher than it was in 2013. Trial was scheduled for Dec 2014. Why not wait for trial?

      If anything, there was reason there then to increase SS and CS.

      I had just returned from a 7 month unpaid medical leave (I was self-employed) verified by doctors that my stbx didn't question.

      It was just a nasty bs move by my stbx, he was claiming he was going to be bankrupt, even though he lived in an apartment that was $750 a month all bills paid with a $130 car payment and has hundreds of thousands in assets including RRSPs.

      Judge R just decided to fall for it.

      Two weeks later, stbx puts a photo on Facebook of the massive 3 rock diamond ring that he had just bought his gf. Bankrupt my a$$, there's stbx's motivation to cut my son's child support in that photo.

      So...if you go back to my original premise of a loose cannon, drunk judge who hates women and support recipients, that's the only place that I can see where you will find the answer to why Judge R cut off my CS to zero...because there isn't a valid reason whatsoever that I can see.

      And judges like that shouldn't be unleashed on parents and children whose lives are in his hands.

      Comment


      • #4
        something just isn't making sense. CS is based on certain guidelines and income. The judge cannot just decide to not award CS.

        It doesn't matter what assets etc he has with figuring out child support. As for the ring, maybe his fiancée paid for it. Do yourself a favour and block him on facebook.

        Comment


        • #5
          I did block him on Facebook which is why I didn't see the photo until after the trial. It obviously would have been quite helpful there.

          I appreciate your input but you're missing the point because you're looking for logic and reason.

          What you are saying is exactly why my CS should *not* have been cut...because Judge R didn't follow any precedent, case or legal process that is defined as how judges are to decide CS.

          My questions remains: where is it written that "child support is the right of the child" so I can cite that in my complaint?

          Thanks for any assistance.

          Comment


          • #6
            the photo of the ring wouldn't of been helpful at the trial. You have no concrete proof who paid for it plus he can spend his extra money how he wants. It would of just made you look like the jealous ex-wife who cannot stand that her ex moved on. Not saying you are.

            I don't think it is written in stone that CS is the right of the child. I think you are barking up the wrong tree. You need to prove his "income" not his assets or etc. The CS guidelines are based on income.

            Comment


            • #7
              Hi Lancelot - sorry to hear you're still going through "the wringer"...

              How old are your children now? Are they in school?

              Comment


              • #8
                Originally posted by arabian View Post
                Hi Lancelot - sorry to hear you're still going through "the wringer"...

                How old are your children now? Are they in school?
                One is 18, finishing grade 12 and starting post secondary in the fall, One will be 17 this month and is in grade 11.

                Thanks for asking.

                Comment


                • #9
                  So are you looking for retroactive CS or simply (not really simple) looking to file a complaint about a decision a judge made in 2013?

                  Sorry I don't follow. I'm not a pro on CS but I thought that it is customary to exchange financials every year and go from there. Do you exchange financials every year with your ex?

                  Hope other things have gone well in your life.

                  Comment


                  • #10
                    I am not looking for retro child support here at all. It's got nothing to do with money.

                    It's reporting a bad judge to the Ontario Judicial Council.

                    I feel strongly that when a judge makes a very bad decision like this, for bad or no reason, he should be called on the carpet for it.

                    I was obviously letting it slide for the past 1.5 years and just move forward with our lives (er, still actually with my Court of Appeal trial appeal, which the ex is the Appellant on, not me).

                    But with ex bringing me back locally to our courthouse on something different than the appeal, and not just Osgoode Hall, then I have to face facts, rethink a complaint and I think it's warranted.

                    We likely will have Judge R again locally.

                    Principles of Judicial Office | Ontario Court of Justice states:

                    "The judges of the Ontario Court of Justice (Provincial Division) recognize their duty to establish, maintain, encourage and uphold high standards of personal conduct and professionalism so as to preserve the independence and integrity of their judicial office and to preserve the faith and trust that society places in the men and women who have agreed to accept the responsibilities of judicial office.

                    The following principles of judicial office are established by the judges of the Ontario Court of Justice (Provincial Division) and set out standards of excellence and integrity to which all judges subscribe. These principles are not exhaustive. They are designed to be advisory in nature and are not directly related to any specific disciplinary process. Intended to assist judges in addressing ethical and professional dilemmas, they may also serve in assisting the public to understand the reasonable expectations which the public may have of judges in the performance of judicial duties and in the conduct of judges’ personal lives.

                    1.2. Judges have a duty to follow the law.

                    Commentaries:
                    Judges have a duty to apply the relevant law to the facts and circumstances of the cases before the court and render justice within the framework of the law."

                    So, if the judge didn't follow the process and make my decision appropriately within the framework of the law... by baselessly taking away "the right of my child to child support"... isn't it worthy of a complaint?

                    What would you do?

                    Comment


                    • #11
                      btw, fyi, here are the Ontario Judicial Council's options:

                      51.6(11) After completing the hearing, the Judicial Council may dismiss the complaint, with or without a finding that it is unfounded or, if it finds that there has been misconduct by the judge, may,

                      (a) warn the judge;

                      (b) reprimand the judge;

                      (c) order the judge to apologize to the complainant or to any other person;

                      (d) order that the judge take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a judge;

                      (e) suspend the judge with pay, for any period;

                      (f) suspend the judge without pay, but with benefits, for a period up to thirty days; or

                      (g) recommend to the Attorney General that the judge be removed from office in accordance with section 51.8.

                      Comment


                      • #12
                        Did you appear in court at the time this decision was made?

                        Comment


                        • #13
                          Yes I did.

                          I was self-represented but I had the top local lawyer prepare my motion material in reply in my ex's motion.

                          It was professionally prepared in content and appearance, concise, well organized in brief relevant sections and an easy read.

                          My ex's motion affidavit was 5 pages of single spaced, small font, rambling, in red lettering.

                          It was filled with my ex's crazy talk with no independent evidence to back up anything he was saying.

                          However...my ex is articulate, highly intelligent , a university graduate and a pathological liar. So he presents well.

                          While motions are supposed to be evidence based, the judge allowed my self rep ex to ramble for about 5 minutes.

                          I didn't present much as I felt my straightforward material spoke for itself. I had never heard of this Judge's horrendous reputation until after his decision.

                          I don't think the judge read either of our motion materials as the Judge said he doubted that I had a car accident.

                          That was despite my motion response including a letter from my insurance company as to my accident and claim, and letters from my chiropractor and physiotherapist as to my 3 times a week therapy that I required due to the accident.

                          Comment


                          • #14
                            Oops, but but not when the actual decision was made.

                            This judge apparently reserves his decisions, so no one can object in the courtroom.

                            So I was not physically present as his decision was typed up and provided to me by the judge's secretary that same day.

                            Comment


                            • #15
                              Thank you all sincerely...your questions and comments are helping me recall important, relevant details that I had forgotten over the past 1.5 years.

                              This will make my complaint more detailed and factual than I had originally envisioned.

                              I thought this was straightforward to understand but apparently not.

                              So you have very much helped me clearly see that and I am truly grateful for your time and replies.

                              Thank you

                              Comment

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