Regarding Child support after divorce

[ronald33]

hi everyone !

first up all thanking u guys for giving me suggestion time by time.

Now, i am having a problem regarding my child. i have got divorce before 6 month with my husband. and my child live with my parents in India.
before divorce we had legally agreement between me and my ex husband that he will pay $000.00 monthly for child support by Canadian rules.
i didnt claim anything as i was being his wife which i could.
we did mutual understand to divorce, and in front of court we made paper agreement for my child.
there is clearly mentioned that the child will be under my take care. At the moment i have no good job and i m trying to establish myself first then may be i will bring her here.
But the problem is, now he is not paying any money since we made paper. He has support any single money after divorce. i m keep asking him and he is just making emotional story. Now he is saying that he was child as well then he will support her. but in paper there is not mentioned that we will keep his baby as well. and the intresting things is, he made the all paper by himself cuz he is educated and he knows my nature that i cant run after court things cuz i m really poor on it. and i sacre too.
Now when i ask him about her support money. he dont talk ...try to hide...and making too many story... and recently he got another marriage..
i need some help that how to claim that money? he is cleaver basterd..

 

[Belinasha]

Just to clarify a few things...you went to court and got an order for child support which states that he is to pay a certain amount per month? Which province was this in and is your ex-husband in Canada? You stated that you did go to court yet you also say he made a paper himself. What paper did he make himself? Did you actually go to court or did you guys just write something out and you both signed it?

 

[ronald33]

Just to clarify a few things...you went to court and got an order for child support which states that he is to pay a certain amount per month? Which province was this in and is your ex-husband in Canada? You stated that you did go to court yet you also say he made a paper himself. What paper did he make himself? Did you actually go to court or did you guys just write something out and you both signed it?


thank you for ur concern,
Yes ! you r right ! Actually he lives in Calgary and I live in Toronto. when we decided to divorce, he came to Toronto to meet me with all paper. In that paper, there was only mentioned, he will support his daughter and rest thing were fine because we had already understanding that i will not claim for my rights. I was just worried about my daughter future.
And then we went to court to lodge the document then one of the court staff said she cant register the paper becuase she said, there are not mentioned what is his earning and how much he will support for his daughter. Then i got clicked and he was worry then next day he prepared his annual income paper and he mentioned he will pay $000.00 amount per month for her daughter. Then next day we went to court again. And the same lady verified all paper again . This time she was satisfied with his income and support for daughter. Because, I think she was also worried about my daughter as being a women like me. Then we had subbmitted the document for divorce and after 3 months we got divorce certificate from court. But my problem is that he hasn't pay any amount since he promised to support her legally.

 

[Belinasha]

If you have a court order (with a red court seal) stating that he is supposed to pay XXX amount of dollars, then he is legally responsible to pay that amount. If he is in arrears, you can always apply to the Family Responsibility Office here: http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/index.aspx to have them enforce the order. Realize that this process does in fact take about 6-8 months after you apply that you will get any payments from them. Sometimes it takes even longer if they have to locate him and take him to court in order to enforce the order. After you apply with FRO, they take over doing everything and you don't need to worry about much. They can do pretty much anything to get any arrears from him including garnishment or taking away his driver's license. Regardless of the fact that he lives in Calgary, he has to make those payments if you do in fact, have an order saying so. I wish you had sought legal advice before agreeing to anything.

Usually if there is a claim for support in a divorce, the parties have to submit at least 3 years of income tax returns for proof of income. The fact that your ex husband went home and did his taxes the day before going back to court is odd and is in his favor. Revenue Canada would not have had the time to verify his information in 24 hours so that income tax would not be suitable to process a claim for a support order. I would challenge the amount of support his is supposed to pay. You might be entitled to a lot more than you realize since you weren't given an accurate portrayal of his financial situation. A lot could have changed in his finances since the divorce and you would have no way of knowing. An agreement like yours would be easy to make a motion against in court. If you went to a duty counsel lawyer at the nearest courthouse with all your documentation, they can look it over for you for free and give you forms and procedure manuals to fill out the documents. I would recommend doing this as soon as possible. The forms are relatively simple and you fill them out to your best of knowledge. It's best to fill out as much as you can, then take them back for a duty council lawyer to look over. Ask them to help write your specific orders that you seek. Bring any documentation that you have.

Right now, the best thing would be is to write him a registered letter detailing how much he is in arrears and to pay that amount in 30 days. Include a copy of your agreement with the amount highlighted that he is supposed to pay every month. Tell him that you are considering taking the matter to court to get him to pay the amount. He cannot just give you an emotional excuse as to why he is not paying! When going through a process like this, the best thing to do is to keep all your communication with him in writing or by email so you have a paper trail if you do take the matter to court.

Do not worry though, these things happen in family court all the time and it's common. Even after divorce, support orders can be changed. With an agreement like you had, you could probably get the whole thing thrown out and start from scratch. Get legal advice though, I strongly suggest this. If you do take this matter to court, do include an order that stipulates that he has to give you a copy of his Notice of Assessment each year. Support payers are supposed to tell of an increase or decrease in their income at the time it happens and I've seen so many cases where the payers don't say anything and the recipient and their children have gone without thousands of dollars of support because the payer doesn't say anything. It goes the other way too..I've seen where a payer has had a significant decrease in income and out of the blue, the recipient now owes money or their support is cut drastically. If you include an order stating he has to provide the Notice of Assessment each year, this sometimes decreases the chance of something like that happening.

The only problem I could see in your case is that the child does not reside with you physically. The recipient of a support order is usually the primary caregiver and it seems as though your parents are doing that. Would it be possible for your child to be here in Canada with you if your ex husband had been paying child support the whole time? Is the reason that your child is with your parents in India directly related to the fact that he wasn't paying support? Is the sum of the arrears enough to bring the child to Canada?

If you want a place to go on the internet for some information, go here: http://www.ottawadivorce.com/forum/ If you search that forum, there may be others that have been through similar circumstances.

If you have any other questions or want to discuss anything, please feel free to send me a private message.

 

[KJG]

hi everyone !

first up all thanking u guys for giving me suggestion time by time.

Now, i am having a problem regarding my child. i have got divorce before 6 month with my husband. and my child live with my parents in India.
before divorce we had legally agreement between me and my ex husband that he will pay $000.00 monthly for child support by Canadian rules.
i didnt claim anything as i was being his wife which i could.
we did mutual understand to divorce, and in front of court we made paper agreement for my child.
there is clearly mentioned that the child will be under my take care. At the moment i have no good job and i m trying to establish myself first then may be i will bring her here.
But the problem is, now he is not paying any money since we made paper. He has support any single money after divorce. i m keep asking him and he is just making emotional story. Now he is saying that he was child as well then he will support her. but in paper there is not mentioned that we will keep his baby as well. and the intresting things is, he made the all paper by himself cuz he is educated and he knows my nature that i cant run after court things cuz i m really poor on it. and i sacre too.
Now when i ask him about her support money. he dont talk ...try to hide...and making too many story... and recently he got another marriage..
i need some help that how to claim that money? he is cleaver basterd..

Was this done in Canada? If so go to your local court office and file the paper work at Family Court for the Family Responsibility Office....it will take some time but they will go after him and get all money owed to you.

 

[ronald33]

hi Belinasha !

thank you for ur helpful information.
i want to let u know that..there was not any court order. there was paper agreement before we lodge divorce file in court. it was submitted while lodging the divorce file. hope u understanding me.
And i now i have only divorce certificate which i got from court. those all original agreement paper been submitted in court along with divorce file. even i don't have a copy of the agreement but in court, yes there is. i don't know how to get a copy of the agreement from court. so that i could follow process as u suggested.
And u r right ! at the moment, i am not capable enough to handle her right now...because i gone through lots of problem since before divorce.. lots of blackmailing and deal with him. so i think i have to settle down everything then need to take back for her further future.

And KJG
thank you for ur concern as well

YES it was all happened in Toronto, Canada

it is so painful situation for me though i am legally strong...he is just taking benefits of my innocence cuz as being my ex husband, he know what i can do and what i can,t.
now i got realize that i am not like other women who are fast forward and straight. May be thats y he is playing with me emotionally.

thank you again

 

[Belinasha]

There should be a file number on the top right hand side of your certificate of divorce. You could take that into the court house where the documents were originally filed and request to have a copy of your continuing record which is the complete file with all documents that were used in the divorce. You can use those if you want to make a motion to vary your agreement with the court. Take all your documents to a duty counsel lawyer and tell them what you want to do. They will help you in the process and give you the forms to do this.

 

[missmymexi]

There is a service that is called family justice services and its offered as a free service. below is the link for Ontario. They are in place for people just like you. Call to make an appointment and talk with someone, they will provide translators if needed so you can better understand your situation. THey will help you file the documents you need to petition for child support from your ex husband, they will set you up with free legal counsel and assist you through the process, this is a very valuable service and a real answer to your questions.

http://www.attorneygeneral.jus.gov.on.ca/english/family/family_justice_services.asp

 

[ronald33]

Thank you for more inormation...

i would like to let u know that ..last week i talk to him and told him that if u dont give my child support money then i will go to court.
but he threats me that if i go to court , he will also go and apply for child custody because he said me that i have no job and he will apply for i m not capable to look after my baby. he is scarying me in several ways.
but the fact is my parents and i look after my baby since last 9 years. i was supportind her by money and my parents taking care of her since she went to nepal.
Can u give me advise that is he can do that to me if i go to court? or can u give me what should i reply him if he talk with me like that..


thank you so much again

 

[missmymexi]

He can not take your child because you do not have money, you need to talk to a lawyer or duty counsel. Please contact the centre I posted above, they will explain all your rights. He is trying to intimidate you and is full of BS. You have a lot of rights as that childs mother. You will find that he will pay, Canada has very good laws to protect women in your situation. Do not let him bully you and please go seek some legal help. because you are low income, this is free for you, even go to legal aid, there are so many resources. Start with the centre above and they will send you in the right direction.