Miscarriages of Justice in Family Court?

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jaysneed

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As we know, Miscarriage of Justice is defined as;
The unjust and inappropriate outcome of a court proceeding.

Now my question is, how to address these issues and do i have the right to inquire answers from the Judge who made these orders.
My case is very confusing because orders are made and then asked for verification at another date. my ex was asked on many occasions from the Judge to bring proof and or reason to why a restraining order is necessary
and proof to section 7 expenses, which was made into a final order and still no response from my ex regarding these particulars , the Judge also made an error in calculating my spacial expenses. My ex claims she pays $9 day again no proof supporting these costs, the Judge then calculated our income to determine my percentage of contribution for spacial expenses which was base on or combined income divided by mine which was 66.7% of $198. If you do the math it equals $132.07 but the Judge ordered me to pay $143, also my income was rounded to the nearest thousand not hundred. it only makes a $1 difference but it's the principal and why pay $143.28 extra a year?, its bad enough the costs are imputed. Now i know for a fact my ex pays nothing via the region of peel stating she pays $0 and childcare is covered in full by the region of peel, they also clarify if she made over 22k then she'll pay a very small difference and her notice of assessment(s) are all under 22k and she is in school on o.s.a.p. which is also paying for childcare. C'mon once your in school o.s.a.p. covers daycare. she also does claim child support or daycare expense. i start paying for this expense February 1, 2008 and is still currently paying
What can i do to fix this? will they retro pay me back?. I am in court on June 3,10 for my motion to change Case Conference. In my eyes i am a victim of; undue hardship/abuse of process and miscarriages of Justice
Correct me if i am wrong please!

Thanks Jay
 
$9 here, $1 there??!! Give your head a shake.

You're wrong insofar as you want the busy courts to be held accountable on principle for errors that are insignificant.

If you want to make principled arguments, join a debating club. The courts are too busy to hear you crying about the little things.
 
Ok so what you are stating $3744.00 is insignificant? bet it would pay 3 months of your mortgage! Money grows on trees where you are from im guessing, lets just make up numbers and order them, where is the principal in that? So just suck it up because i judge cant read..if you viewed the endorsement he can't write and do math, tax payers should just sit back and watch incompetence from professionals, your out to lunch. you just admitted a Judge is too busy.. sound like An excuse for professional malpractice to me..opinion are like assholes, everyone as one, but on this forum your asshole here...!! this is a help/information forum..seriously why even waste your time to reply NEGATIVELY..!! Who pays for the court house and the very seat judges sit in?
 
I think that even considering dipping your toes into the courts for only $12 a month is cutting off your nose to spite your face. For most people, the aggrivation and stress that would arise from fighting this isn't worth the $12. If it's worth it to you, go ahead, but I doubt any outcome will be satisfactory for you.

As for your last question, as I understand it, Accounts Payable pays for the chairs that the judges sit in, as well as all the other chairs. The more you know!
 
Try making your posts a little more cogent.

Before getting lost in your running sentence you present as a paragaraph, one only sees numbers like $132 or $9 or "it only makes a $1 difference but it's the principal and why pay $143.28 extra a year".

All of a sudden you are talking about $3,744/year. Who wants to sort through a poorly written rant to find the big numbers that are only in your head until you come out guns blazing in defiance of what someone else says? Not me!

Try taking the story that is so well told in your head and presenting it here so that people can read it and have even 10% of the comprehension you do.

You're one of many people here who don't like what they hear and all of a sudden the anger comes out and everyone who doesn't show up in their Sunday best to your pity party is an asshole.
 
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Did you ever stop to think how much it costs taxpayers to have a case like that run? Even if you pay your own lawyer "we" still have to pay for the judge, courtroom, and all the staff.

Believe me, $12 a month is not worth the hassle, and if you really cared about your child you would suck it up. I have, and it's a lot more than $12 a month.
 
Sorry if I wasn't clear before, I have been paying $143 towards piano and daycare, when I have asked for receipts and she cannot provide them. I finally served her with a Request for information for proof of payments since the beginning of payments which was February 1, 2008 to current. She only provided me imputed amounts that contradict a letter submitted by the Director at Daycare, and she did not provide receipts for the piano lessons, and only bank statement dated back to January, 2009 to current proving the imputed amounts that did not come out to $9/day but $7.48/day. Now the most important facts: 1) she has a subsidy daycare and only pays a small fee towards daycare 2) she has been a student since 2008 to current so she is receiving OSAP 3) she is not claiming that she receives monthly child support of $462 and expenditures of $143 on her income tax, or to subsidy and OSAP.
Now taking in those facts is safe to say that not only am I paying for daycare so is OSAP and Subsidy. Now isn't that a crime? So think about it who pays for subsidy?YOU, taxpayers. Where do you think Accounts Payable gets their money from?
DADTOTHEEND: Sorry about the "Asshole"comment, nor am I crying or want self pity, I just need general information.
 
Child support is not income. It has no effect on her line 150.

How much does she pay for daycare? If she is in school, she has no income (thus the OSAP) and you would be responsible for almost 100% of daycare costs (based on both of your Line 150). At $7.48 a day for daycare it sounds like this is definitely subsidized cost. That would cost under $40 a week, and I am paying $170. Sounds to me like you are getting a great deal!

If you have joint custody then you should be able to get copies of these receipts from the daycare and piano teacher. Or at least they should be able to verbally tell you the costs.
 
You guys aren't very helpful and actually very discouraging!!! Be Careful what you say and if you can't be helpful stop wasting your time writing useless information. I am not complaining about paying my child support, what I am complaining about is paying for something that doesn't exists. I am complaining about the $143 that I have to pay for without her showing any proof of these costs.
 
Have you've been on OSAP before, I have contacted OSAP and they informed me that Line 220 for Non-Taxable Income (which is Child support) and Line 214 is for daycare expenses. Now none of these lines show on her notice of assessment therefore OSAP thinks that she is not receiving help for these costs. Therefore they are giving her $7.48 to pay for Daycare.
 
jaysneed said:
You guys aren't very helpful and actually very discouraging!!! Be Careful what you say and if you can't be helpful stop wasting your time writing useless information. I am not complaining about paying my child support, what I am complaining about is paying for something that doesn't exists. I am complaining about the $143 that I have to pay for without her showing any proof of these costs.
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Who said your were complaining about paying CS??
I'm sorry, but if your child is in daycare, then someone is paying it, regardless of whether you have seen receipts or not. And the cost is VERY low compared to what most families pay. You are complaining about not seeing receipts for this low cost...why??
 
billiechic said:
Child support is not income. It has no effect on her line 150.

How much does she pay for daycare? If she is in school, she has no income (thus the OSAP) and you would be responsible for almost 100% of daycare costs (based on both of your Line 150). At $7.48 a day for daycare it sounds like this is definitely subsidized cost. That would cost under $40 a week, and I am paying $170. Sounds to me like you are getting a great deal!

If you have joint custody then you should be able to get copies of these receipts from the daycare and piano teacher. Or at least they should be able to verbally tell you the costs.
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Child Support isn't but expenditures are!!!!!!!!!! And OSAP does need to know if your receiving money for these costs because then they wouldn't give you as much.
 
billiechic said:
Who said your were complaining about paying CS??
I'm sorry, but if your child is in daycare, then someone is paying it, regardless of whether you have seen receipts or not. And the cost is VERY low compared to what most families pay. You are complaining about not seeing receipts for this low cost...why??
Click to expand...
So why are you paying $170 a week?
 
jaysneed said:
Now taking in those facts is safe to say that not only am I paying for daycare so is OSAP and Subsidy. Now isn't that a crime? So think about it who pays for subsidy?YOU, taxpayers.
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That's right, we are paying. That's because we have a social safety net in this city, province and country that allows your ex to retrain and get a break in daycare.

If we weren't paying, then the cost would be much higher, like $1,000/mth of which YOU would be paying the lion's share. It's you that's getting the sweetheart deal here.

And you continue to insult the people who are telling you that not only are you sweating the petty stuff, but that are also telling you that you are getting a good deal. And you still find a way to get pissed off.

There's smoke coming out of your nose and ears. Show a little restraint.
 
When your child is around only for monetary gain it is considered CHILD ABUSE. Not only did she fool the courts that she pays for daycare. she fooled subsidy by not claiming that she receives expenditures for daycare costs and that is why she pays so little. For OSAP, she doesn't claim she receives money for the small daycare fee that I contribute too so they give her money for that. But this is OK because she is a Custodial Parent, but now if it was anyone else defrauding the system they would get a fine and possibly imprisonment.
 
Is your cost written into the court order, or does it specify you pay X amount. Does your court order indicate that she must provide you with receipts?

In all honesty $143/month is an absolute pittance, and your time, effort and anger would be better redirected towards other more productive endeavours. Unless it's causing you undue hardship and making you unable to do things like...I dunno...eat? then it's really not worth the hassle.

You want to start counting pennies, by all means go ahead. But you run the risk of pissing the judge off for being a miserly, unreasonable, selfish person, and they are liable to smack you with court costs just because they can. Believe me I know what it feels like to have the ex be able to run rampant over the system with little to no consequences, but dude...seriously....$143 a month?

Cripes, be thankful your ex is actually in school and trying to better herself. Assuming she nets a decent job out of it, your net result is going to be paying LESS support in the long run. I wish my ex would do as much.
 
You keep stating i am angry! not at all but disappointed mainly, Money is not the issue here it is the principal. I can't prove that what she says about me to gain full custody, for instances me being abusive, but what I can prove is that she is a liar in other area's such as financial issues. I can prove that she is abusive in her own writing but all she does is claim that she never wrote it. She always says she has proof that I was abusive but never shows any at all since May 2007 to the Final Order on February 12 granting her full custody. And for what reason? She never did prove that I was an unfit parent, so why did such orders go about? Because of her lies. So to catch her on lies that I can't prove catch with the ones I can.

The director at her daycare wrote a letter for court stating how much she pays daycare, the daycare does not know how much she pays towards subsidy.I spoke to the Daycare's lawyer and he also informed me that the Director had no jurisdiction to write such letter because she does not know how much each parent pays.

She also got the Secretary at my daughter's piano lesson to write a third party harassment letter, but when I spoke with the President of the company he was never informed of such incident or letter. He also told me that she had no jurisdiction to even write such letters on behave of the company.

Should I just ignore those facts? Are those pity arguments?
 
IMO, you've proven time and time again that your attempts to discredit her are not working in your favour or to get you what you want. Perhaps it's time to try a different tactic in order to get a different result?

Perhaps focus on proving you are a good father, take some parenting classes, take the children to attend some family oriented activities and focus primarily on them. Let go of your frustration over the dollars and do what you have to do to get more access/ joint custody of the children. I think maybe you're losing sight of the big picture and what's really important here.

Instead of trying to make her look like a bad person, spend the energy proving you are a good person and a good father, then enjoy the rewards that come with that.
 
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