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mommyKim
12-13-2009, 03:07 AM
a bit of background first...
My sister and her ex (they were never married) broke up 2 yrs ago and she has full time custody of their daughter, he see her 2 evenings a week and every other weekend. Now my niece has dance every Sat morning so my sister has to pick her up, take her to dance then drop her back off b/c her father 'doesn't do dance lessons, it's not his thing'. He constantly calls my sister when it's his weekend saying that he can't watch his daughter because he has things to do. He is verbally abusive towards my sister and very manipulative, his needs come first before everyone's including his daughter.

My sister's ex just quit his job. He also just started anti-drepressants. He didn't pay child support last month nor does it look like he will be paying it any time soon, as he might be filing for bankruptcy. They have no formal custody or child support agreement (my sister had agreed to $220 month).

Where would my sister go or even start to get formal custody and child support sorted out? She's afraid that his going to take his sweet a** time finding a new job or leave the country. Would she qualify for legal assistance or do have to be on assistance to get it?

Sorry if this is long. It is such a messy situation.
Thanks for any advice :)

Bethikinz
12-13-2009, 04:34 PM
Perhaps next dance class should be on a week day, if possible, as she can't make him do activities on 'his' weekend.

She probably should go to the family court house and talk to people there. She can pick up the necessary paperwork, as well as make an appointment to talk with legal aide to see if she qualifies for assistance. When it comes to court, make sure she gets his wages garnisheed for child support. I'm pretty sure that if he declares bankruptcy he still has to pay child support. She just needs to get it in place.

Christine
12-13-2009, 05:13 PM
Sorry to hear. She definitely needs to get some sort of legal agreement in place. If he does not willingly agree to pay child support it may end up in court. Mine did - my ex did not want to pay then he wanted to claim hardship, etc, etc. We wound up going to court and the judge put him in his place. It can be lengthy, best she starts something now. Best of luck to her.

Syd&Noah'smommy
12-14-2009, 03:56 AM
She needs to get some legal in place for sure.

She can call the law referral service, there is a $6 charge to her phone bill but can get a 30 minute free consultation with a lawyer 1 900 565 4577

or

1 800 529 9377

This guy sounds like a real winner, he has no idea that $220 is probably very reasonable. Technically his support is based on a percentage of his income and she's intitled to is as she has pretty much sole custody and he only has occassional visitation by his own choice. He is also responsible to pay for half of the daycare and extracurricular activities.

After speaking to a lawyer she can determine if she needs to contact legal aide etc.

Good luck to her.

mommyKim
12-14-2009, 03:39 PM
Thanks for all the advice ladies. I will passing all of this along to her.

Tanya-Mae
12-14-2009, 04:15 PM
My ex declared personal bankruptcy after I left him. Bankruptcy does not excuse you from child support payments!!! However... there is no guarantee that you will get it, even after filing a personal claim and proving that arrears are owed. Declaring bankruptcy does cost money, the filing fees are applied first when paying out. Support comes second. I proved that my ex owed lots of money but got mere peanuts, less that one month support, because that was all that was left in the pot after administrative fees were paid out from his liquid assests. I called a local bankruptcy company to question this when I got my check and was told that there was no mechanism to ensure that I would be made aware if/when my ex were to have any funds that could be applied to his debt to us.