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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #11  
Old 12-23-2017, 01:12 AM
standing on the sidelines standing on the sidelines is offline
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why do I have a feeling he made a deal with the mother that she could move the child and he wouldn't fight it if she didnt ask for CS?
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  #12  
Old 12-23-2017, 02:45 AM
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you guys are misunderstanding me I did get a court order and the payments stopped. she wanted cs to stop and judge granted all her wishes
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  #13  
Old 12-23-2017, 02:48 AM
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whatever...
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  #14  
Old 12-23-2017, 05:04 AM
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Quote:
Originally Posted by seenme View Post
you guys are misunderstanding me I did get a court order and the payments stopped. she wanted cs to stop and judge granted all her wishes
you are contradicting yourself. First you say it wasnt a court order and she volunteered to do it.

it was no judge handing down any judgement except the green light that she can move

now you say it was a court order.

Your story isnt making sense and frankly I still think you agreed to let her move if she didnt ask for CS. I have a feeling I am not the only one thinking your story has holes in it.

She cannot bargain away CS, its the right of the child to be supported by BOTH parents.
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  #15  
Old 12-23-2017, 05:16 AM
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didn't happen mr god and please stay out of this thread you are of no help
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  #16  
Old 12-23-2017, 08:48 AM
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To clarify -

1. Your ex got an order granting her leave to move with child out of the country.
2. You voluntarily consented at that time that you did not have to pay CS.
3. No court order was obtained releasing you of obligation to pay CS.

If the above is true then your ex would likely be within her rights to obtain CS. She may or may not be successful in obtaining arrears. She would have to come up with a plausible explanation as to why she did not pursue collection of CS in past. She would also have to present an argument that collection of past arrears is not a "windfall."
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  #17  
Old 12-23-2017, 11:02 AM
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ok this is starting to sound like a telephone game now so let be be clear once and for all

1. mother's lawyer sends me a letter stating she wants to move out of the country with child and have cs payments eliminated

2. I object

3. I get a lawyer and fight it

4. I lose in court the right to keep my daughter in canada

5. judge orders child to move and spend march break, summer and ever other Christmas in canada. also orders cs payments to stop

6. it stops with agency child comes back on holidays

7. mother gets divorced and is coming back

8. I am in fear she is going to try with shenanigans again in court

9. simple can she?

10. I think 1 person already answered and others are speculating. So I am just looking for a clear answer without getting pressed on. I did not volunteer anything and some previous comments are way off and assuming.
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  #18  
Old 12-23-2017, 04:49 PM
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Forget all the history then, and just think about what is fair moving forward.
Canada is huge. Is she moving close to where you are, that would make a more regular access schedule work, or is she moving somewhere just as unworkably far away?

If she's moving close to you, ask for 50-50 access, with maybe a brief transition period to get her used to living with you more often. She'll also have other huge changes, like school and making all new friends. Does she have any friends in your neighbourhood she played with during her summer vacations when she was living with you? Does she have her own room at your home? That will all help. Then, the CS arrangement will follow the access arrangement.

If she's moving to the other end of Canada, keep the arrangement you have now. It sounds like you have a court order that covers a visiting schedule for a distance relationship, as well as the lack of CS. Presumably your CS obligation was reduced to zero to compensate for increased costs of your access due to distance.

If that's not clear, however, then yes, you can probably expect your ex to want CS to start up. It sounds like she moved away because of her new husband, so maybe she didn't need CS because his income was good. Now that she's single again and returning to Canada, maybe CS is far more important to have for the child.

It is your legal obligation to pay CS for your child. It can only be negotiated away if there are extraneous circumstances, such as increased costs for access due to a permitted move.
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  #19  
Old 12-23-2017, 05:15 PM
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Quote:
Originally Posted by seenme View Post
ok this is starting to sound like a telephone game now so let be be clear once and for all

1. mother's lawyer sends me a letter stating she wants to move out of the country with child and have cs payments eliminated

2. I object

3. I get a lawyer and fight it

4. I lose in court the right to keep my daughter in canada

5. judge orders child to move and spend march break, summer and ever other Christmas in canada. also orders cs payments to stop

6. it stops with agency child comes back on holidays

7. mother gets divorced and is coming back

8. I am in fear she is going to try with shenanigans again in court

9. simple can she?

10. I think 1 person already answered and others are speculating. So I am just looking for a clear answer without getting pressed on. I did not volunteer anything and some previous comments are way off and assuming.
Okay then she would have to get a new Order for child support. Her lawyer would likely date it effective from date she informed you she was moving back a/o date she does move back to country.

As there is an Order in place releasing you from responsibility of paying child support she would not likely be able to claim CS arrears.

Based on the information you have provided I'd say that yes, your ex would indeed be able to claim CS. I'd recommend putting money aside for this and being proactive and request your ex's financial details so that you can immediately start paying CS. You have to realize that once your child is back on Canadian soil you will likely be responsible to pay CS once again.

Of course you should get legal advice at some point.
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