Post Divorce Adjustments To Child Support

sailorsix

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Sep 25, 2006
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S/O and her ex got divorced 5 yrs ago. Agreed informally to kid spending time 50/50 and expenses being split 50/50.

This year he has gone snaky and refuses to pay anything for her recreational activities that she has done since 3 yrs old. (she is 14)

Is there any cheap process where s/o can go to family court to get him to pay?

Also there was an RHOSP repaymentthat she forgot about when getting divorce but Rev Can remembers every tax time. She gave him house but is still paying back RHOSP. Can that be fixed?

Thanks
 

RTRD

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Sep 26, 2003
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They...

sailorsix said:
S/O and her ex got divorced 5 yrs ago. Agreed informally to kid spending time 50/50 and expenses being split 50/50.

This year he has gone snaky and refuses to pay anything for her recreational activities that she has done since 3 yrs old. (she is 14)

Is there any cheap process where s/o can go to family court to get him to pay?

Also there was an RHOSP repaymentthat she forgot about when getting divorce but Rev Can remembers every tax time. She gave him house but is still paying back RHOSP. Can that be fixed?

Thanks

...should have a filed separation agreement that covers all this. If they don't, this is her "punishment" for not doing things the RIGHT way upfront.

She should start now...get a lawyer, get a formal separation agreement, negotiate the terms, and get it filed.

The key here is to NEGOTIATE. If she asks for anymore than the law entitles, she could be in for a court fight, and that takes time AND money. By the same token however, child support guidelines are already spelled out - they are written in stone and they are the law. If she forgoes any spousal support or alimony, it SHOULD go smoothly...though it will take time if he balks. However, she / her lawyer should tell him that even while he might think he is "winning" because the process is dragging out (and it could take upwards of a year...my SO is on her 3rd years of getting divorced, but she is asking for spousal support and we are talking real money here...close to a million all in) judges do NOT take kindly to guys who try to shirk on the written guidelines for child support...they consider it an insult and a waste of the courts time, given that everything is already spelled out.

All of what you are describing is a result of not getting legal counsel and going through proper channels...no way to address it now except to do what she should have done back then. The sooner she starts, the sooner it will be over....
 

sailorsix

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MLAM said:
.All of what you are describing is a result of not getting legal counsel and going through proper channels...now way to address it now except to do what she should have done back then. The sooner she starts, the sooner it will be over....
She used a paralegal to do the divorce.
 

RTRD

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Sep 26, 2003
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For reasons I cannot share...

sailorsix said:
She used a paralegal to do the divorce.


...because it would essentially "out" me, I know for VERY certain this was not the way to go.

And...as you can see...it isn't working out for her.

Tell her to get a lawyer. Doesn't have to be Bay Street quality...but a REAL lawyer...
 

mandrill

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Aug 23, 2001
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How "informal" is this informal agreement? Is it written?

If there's nothing written down, she can go to 311 Jarvis or 47 Sheppard and file an application for child support. This time, get a judge's order and file the order with Family REsponsibility Office. Nail the deadbeat down and have him garnisheed.

You don't need a lawyer to do this. It's straightforward.
 
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