My Family Law Trial - Part 2

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Desperate_Dad

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Child Support

Current 1,176 per month

I said - should stay the same
She said - increase to 1,618 per month

Ordered 1,305 per month

Child Support Arrears

I said - 0 arrears
She said - 6,718

Ordered - 1,638

My whole basis for saying no increase in child support and no arrears was because she owes me 25,000 due to property settlement.

Judge ordered I cannot offset that money owing due to property settlement against child support and he also ordered that she doesn't have to go on a repayment plan. It can only be recovered through not paying spousal support. I pay $1 in spousal support.

This annoyed me because she gets to jack up child support without having to repay me the money she owes me. Yes they say child support is for the children but we all know it all isn't going to the children - she is spending at least some of it on herself.

Look at the difference in child support - 129/month. At this rate I get repaid in 193 months - 16 years. Now there is no spousal support being paid and there would be about 300 / month at the current time. Spousal support is tax deductible so that is only a repayment of about 160 per month. It will be years before I am repaid and I was not a happy camper.

But that was what was ordered

The issues of Divorcemate's fraudulent program as well as MySupportCalculator.ca junk did not come up as she was not seeking to increase spousal support. As a side note, it was acknowledged that her first lawyers spousal support calculation was fraudulent and I ended up paying 6,500 in spousal support that I did not owe. Will I ever see that back?

Lesson

Get your fair share of the property proceeds upfront. It will be years before you are repaid if ever.

Do not accept Divorcemate's spousal support calculation if you feel it is wrong. (which it likely is). Divorcemate calculation isn't law and shouldn't be until they fix the bloody thing. Even if it was perfect, there is still a huge problem because lawyers are too stupid to enter the information in the proper place. I know this because I had a copy of the program at one time. (I didn't renew it) And remember Mysupportcalculator.ca is a watered down version of Divorcemate and shouldn't be relied on for anything. It is garbage.

I hope this information helps some people who are going through Family Court hell.
 
That is a lot of CS a month, I feel for you brother. Hopefully you've clipped yourself and won't get trapped again? There are a lot of people out there having multiple kids, just to use as a security blanket to get money. I don't care what anyone says, but having more than 2 kids in this day and age when you really can't afford it, is ludicrous.

I say that because, if you really could afford it, then you won't be expecting child tax benefits and everything else from the government. You want to have more kids, you bloody well pay for it

So the judge ordered you to pay more CS than you already are? He is right though in not letting you reduce your CS, and yes we all know the mothers spend most of that money on themselves (they can claim they don't, but we weren't born yesterday)

Stbx felt the need to use the "joint account" to buy stuff for her mum :rolleyes: Not knowing that I checked regularly, when confronted about it, I got the "I was going to put it back" answer. That is not the point, the account is to be respected between us, not to help others out. Funny how I didn't do the same

Divorcemate just like a computer, is only as good as the information you input. Garbage in, Garbage out (GIGA)
 
So if she owes you $25,000 and that is court ordered, wait 6 months for a payment, then take her to small claims court inorder to have her wage garnished.

How much access and custody did you get? How old were your children?

Another option is to put a lean on the property so that if she sells it the money comes to you first.
 
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