Parenting & Family

divorce/child supp/ harrasement

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  • Feb 24th, 2017 12:00 am
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[OP]
Newbie
Feb 12, 2017
6 posts

divorce/child supp/ harrasement

Hi all, I'm going through a divorce in court and this is a mess. I have lawyer and just draining me. So far i have spent $6k and not even seen a judge. I have a court date on This Thursday. I am a single dad with two kids and don’t have money to waste like this
-my ex-left country got married and came back after 2 yrs
-now in court for child support, full custody and permission to renew passport without his permission and on WSIB from Can. Post.making minimum wage
-she filed her notice for my reply with all lies and that she’s injured and cant pay
-calls unknown numerous times a day

First, i need to find a way to see the unknown number - tried true caller and didn't work. Called Virgin and they cant help unless it’s court ordered. I am not going to change my number as i need to get her number and show the judge she's harassing me. This is my forth visit to court, 2nd and 3rd time she didn’t bring proper documentation and just buying time and wasting my money and taxpayers.

Anyone with similar situation and any feedback would be helpful.
7 replies
Deal Addict
Aug 19, 2013
2397 posts
1080 upvotes
clist829 wrote: Hi all, I'm going through a divorce in court and this is a mess. I have lawyer and just draining me. So far i have spent $6k and not even seen a judge. I have a court date on This Thursday. I am a single dad with two kids and don’t have money to waste like this
-my ex-left country got married and came back after 2 yrs
-now in court for child support, full custody and permission to renew passport without his permission and on WSIB from Can. Post.making minimum wage
-she filed her notice for my reply with all lies and that she’s injured and cant pay
-calls unknown numerous times a day

First, i need to find a way to see the unknown number - tried true caller and didn't work. Called Virgin and they cant help unless it’s court ordered. I am not going to change my number as i need to get her number and show the judge she's harassing me. This is my forth visit to court, 2nd and 3rd time she didn’t bring proper documentation and just buying time and wasting my money and taxpayers.

Anyone with similar situation and any feedback would be helpful.
First of all I want you to know that guys are successful in court. I know many that have been.

Lawyers can be super expensive. You can represent yourself, I know many people that have. However that is very time consuming because you have to teach yourself everything. But there are many resources online and at the court house to help you.

If you have had sole custody of your children and your ex left the county and didn't see much of them, it's very unlikely she will get joint custody now. Judges like to see people being reasonable. So be the bigger person. Offer very liberal access unless you have concerns about the kids being around her (put your feelings aside and don't let her drag you down into an emotional battle). If you want sole custody you need to argue how it's best for the kids. Part of joint custody means you guys will work together on making decisions for the children. Concentrate on how she is unwilling to compromise or work with you, or how she hasn't been involved in the kids day to day lives (dr appointments, school etc) so she's not in a good position to make decisions that are best for the kids.

Also as far as support goes, there are very few reasons that parents can get away without paying support. If she's not working a judge can impute her income (basically saying she should make a certain amount per year). If she's claiming she can't work becaue she's injured she will have to prove it. And by proof I mean medical evidence. And her injury would have to mean she can't do any job at all. Remember family court judges have heard every excuse. If a judge sees through her injury claim she will eventually be ordered to pay support. If she doesn't pay she could lose her license and eventually go to jail. And I noticed you said she's getting wsib. That's considered income and can be garnished.

It's a long tough rode. But stick to the high ground.

As far as herassing phone calls all I could think of is blocking unknown numbers. On my iPhone I can block any numbers I want.
Deal Addict
Aug 19, 2013
2397 posts
1080 upvotes
Oh should also add that if she does have an income even wsib look on the guidelines for how much support she should pay based on her income. Then talk to your lawyer about filing a motion to get a temporary child support order as soon as possible. That would help with some of the bills.
[OP]
Newbie
Feb 12, 2017
6 posts
thank you for the reply....will talk to the lawyer. Shes just a pain in the ass, not supported the kids in two years and i had to flip the bill for everything.
Deal Addict
Aug 19, 2013
2397 posts
1080 upvotes
clist829 wrote: thank you for the reply....will talk to the lawyer. Shes just a pain in the ass, not supported the kids in two years and i had to flip the bill for everything.
Don't worry it will catch up with her.
Banned
User avatar
Jun 8, 2008
3977 posts
1415 upvotes
Toronto
clist829 wrote: Hi all, I'm going through a divorce in court and this is a mess. I have lawyer and just draining me. So far i have spent $6k and not even seen a judge. I have a court date on This Thursday. I am a single dad with two kids and don’t have money to waste like this
I'm not familiar with this situation but please don't assume your money is going to waste, I presume you want to have rights to see your children, and I'm sure you don't think that time spent with them is a waste. So sorry you have to go through this, best of luck.
Newbie
Feb 4, 2006
28 posts
2 upvotes
Self-represent...99% of family court cases never make it to trial. Family court continues until the child is 18 years old....and even then it might last longer. It's not difficult to self represent in family court. Just remember when you are filing motions....always ask for what you want...never assume a judge will grant you anything. If you are at the downtown courts...213 University....go see "Peter" in the legal aid offices....he is very helpful.

Have the Family Responsibility Office take care of support....if she chooses not to pay...they can make her life miserable. Always ask the judge for court costs in your motions ask for interest on all arrears she owes and ask for back childsupport. Family courts are all about lies....judges know that. Stick to the important facts in your case.

Impute her income based on her education, experience and previous jobs. I think it's Canada Labour Statistics website that lists the average income for most jobs in Canada just print it out....file it in a motion.

A judge will never see annoying phone calls as harassment. Her lawyer will just say she wants to talk to her kids or know what they are up to....she has those rights. A judge will only see it as harassment if you can get the police to arrest her.
Deal Addict
Apr 9, 2010
3226 posts
1374 upvotes
Montreal
If she's constantly calling you then why don't you pick up and record what she has to tell you? Or is she just calling and hanging up?

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