Child Support

Well, I just got the call from my lawyers office with my court date and I am not happy that my date is in yet anther 2 months on June 30th. I am truly beside myself that it's already been 6 months since I filed and now I have to wait another 2 months. (Huge sigh)!!!

Montana--

Most unpleasant! At least the back money will be piling up as you wait--and as the year turns on, you won't be waiting in a snowdrift.

Try to remember that somewhere an enormous piece of good fortune is gathering momentum and headed in your direction.

Hold your dominion.

Noddy
I just hope some of this time will be retroactive. Well, I suppose it's nice to atleast have a date now, so I can plan around it.

Thanks for you kindness Noddy. You always know how to make me feel better :-D

Man, this sort of crap really pisses me off. My aunt was a well-known family lawyer for years, and even helped rewrite Canadian law regarding things like deadbeat dads. There are avenues open to you, Montana. Keep that date, even though the wheels of justice turn slowly. Insist on written proof that this guy is out of a job, with the reasons stated clearly as well by a third party not involved in your situation personally. If he quit so soon after getting court papers, after a long history with this company, it is clearly a scam. If he was fired, get the proof. I doubt he was fired, but a good lawyer could argue that whatever the reasons were, they do NOT negate his legal obligation to you to provide child support. Be as tenacious as a bulldog, and like Noddy always says, hold your dominion.

Cav
Thanks for you're kindness and advice. I have already spoken to his previous employer and asked him all these questions, but he refused to answer them. He said he was not at liberty to say. The only thing I could get out of him was the last day of my ex's employment with him, which is 2 days after he was served with the court papers. If my ex quit, he wouldn't be able to collect unemployment, so I can rule that out. Now, I don't trust his ex boss as far as I can throw him, since he refused to comply with the court order. My court order states that his employer was suppose to garnish his wages and pay me my child support directly, but they were giving my ex a check in my name and he was making my payments, which to this day are always late. I wouldn't be surprised if his boss layed him off until this court thing is over, so as far as I'm concerned, he's in on the scam. I'm hoping that the courts will see through this for what it is and hang him high. It's been frustrating to say the least. I didn't get a dime in child support for the first 12 years of my sons life because of this mans scams and I hope the courts will see this and give me what I'm rightfully entitled too.

If the ex and the boss were tight as friends, you could be absolutely right, Montana. My aunt is a Supreme Court judge now....have the trial in Tarana, maybe I can grease the wheels to get your case on her docket. Just kidding...I would go to jail. This definitely needs more investigation, and it smells as bad as week-old mackeral...good luck. My best wishes for you.

Cav
LOL, I'd love to take my case in front of your aunt, but so much for wishful thinking. I'm sure the courts are very well aware of these scams and see this stuff all the time, so I'm just hoping they see it for what it is and do what's right. I am requesting that the order be based on his wages at the time I filed, so my fingers are crossed.

I hope they see this for what it is as well, Montana. If possible, talk to your lawyer and try to get a female judge. Dunno if it will work, but it's worth asking.

I'll see what I can do. Thanks cav ;-)

In these days, even male judges see Deadbeat Daddies as creeps who try to dodge their responsibilities (Possibly passing on these responsibilities to the taxpayer). The hearing may well be a formality since both sides have assembled figures and the courthouse flunkies will come up with a formula: Income is "X" therefore Child Support shall be "Y".

I was on the fringes of a case where the Daddie in question decided after four years and three kids that he'd made a terribly mistake in his marriage. He moved out on his wife and in with his girlfriend, bought a gold chain and some trendy jeans....

After all, the kids were her problem. He was sure he could explain to the judge that the marriage had been an impulsive, youthful error.

After the support hearing he was see by a reliable witness sitting on the courthouse steps sobbing. Two thirds of his paycheck had been diverted for child support; his girlfriend had broken up with him in the courtroom and his wife wanted no part of togetherness.

Happy endings can be so satisfactory.

Wow!!! I'd love to see my ex get that hatchet :-D

Montana, do you have a court-ordered support order or is it something just between you and your ex? There is a big difference.

If it is court-ordered, chances are that the support order is enforceable under REMO (Reciprocal Enforcement of Maintenance Orders) Act. REMO applies province-to-province within Canada , but also between Canadian provinces and most U.S. states. If it applies in your situation (between New Brunswick and wherever your ex lives), you would not have to travel back to he lives to take care of it in court there. If you have court-ordered support, take a copy of the order to the Court of Queen's Bench office nearest to where you live and they can give you advice.

They will give you information, and will probably advise you to retain counsel. If you can't afford it, Legal Aid is available, depending on your income.

Mckenzie
Thanks for the great advice. I did read that somewhere when I was checking out the child support enforcement laws for here in Canada. I already do have an order in place, but it was made over 5 years ago and I settled for less than half of what I was entilted too at the time. The reasons why I settled is a long story, but he's been promoted on his job since then and unlike back then, I need more support now. I am going there for the maximum support I'm entitled too and also to get the DOR involved to collect the support on my behalf. My ex's employer was ordered by the courts to garnish his wages and send my support, but they have refused to comply with the court order and in turn have been cutting my ex a check in my name and he's been making the deposits. Unfortunately, my ex and his wife are very evil, vindictive people who have done nothing but cause me trouble, so my support is always late simply because they enjoy pushing my buttons. I should have gotten the DOR involved 5 years ago, but I assumed that his employer being court ordered to do the same thing, that it would have the same effect. I need to cut the cord with my ex and his demented wife once and for all and get the support I'm entitled too. I know that once the DOR is involved, I can take action from here if need be.

Thanks again.

Montana - have you checked to see if there are reciprocal agreements between New Brunswick and Massachusetts? That could save you a lot of time and trouble.

Beth
My lawyer told me that if I want an increase in my child support, I have to go down there. From what I gather, if the DOR is involved, I can get things done from up here, so that's why I need to get down there and get them involved as well.

I had to call my ex once again today because I didn't get my support last week and he gives me this lame excuse that his unemployment was screwed up, but he'll pay me this week. I asked him why he doesn't feel a need to tell me these things and he says it's because he's busy. I then said "you're unemployed, yet you're too busy! Yeah, ok!". I can't wait to get to court and get the DOR in this, so I never have to speak to that man again for as long as I live. He use to call our son ever 2 weeks, sometimes every week, but has only called him once since Jan 2nd. What a loser!!!!

Listening.

Couldn't New Brunswick at least get you the money you're already entitled to? I understand that you need to go to get the amount increased, but they could be doing the collecting now. There's really no need for you to have to call him to get the monies, if the New Brunswick government will handle that for you. You could start 'not talking' to him now.

I don't think they can get involved unless the DOR is involved. My ex did start paying his child support again, so the back support he owes me is something I can take care of while I'm down there.

I was reading the rest of your posts tonight. I can't believe it. it's a wonder these men can get away with what they do for so long. I saw you had the date for june 30th. Good luck Montana!!! i will be thinking of you...........

Thanks Zacksmom. It really is amazing what these people get away with. It's not only men either. I've seen women use their kids just as badly to get even with their ex's, but either man or woman, it's not right. I have been preparing for this court date for years, so I assume that everything will go well. I know you have your own court date on Monday and I wish you the very best as well :-D