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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96464
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My ex wife is psychotic... She is constantly making

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My ex wife is psychotic... She is constantly making unreasonable demands and money has become a big issue for her lately...
We have 50/50 custody and access, and she remarried in 2010, and now lives in a nice house with her new husband. I live in a 1200 square foot trailer, struggling to make ends meet with my business and pay for most of the expenses for our children because she never has any money..
We are in family therapy with my son who is 10, because she is nuts when it comes to his care.. She is neglectful and for the longest time was trying to claim that he was autistic...
We have an old child support order from 2007, where I agreed to deviate above the child support guidelines and pay $340ish dollars a month (according to the guidelines I owed her about $25/month)... when she got remarried she insisted that I didn't have to pay it any more since her and her husband now had a double income, and a beautiful new home.. At the time this happened I begged for her to put it in writing but she always had an excuse and told me it would be fine... I kept on her for months about adjusting the order to reflect the changes.
Since I have taken a more active role in Braxton's Therapy and doctors appointments insisting that our son is a normal boy and not autisitic, and also insisting that we need to deal with his issues rather than just trying to label them, she has become increasingly hostile and is now threatening to come after me for the balance of those child support payments for the last 4 years or so...
Am I screwed? Do I have any hope?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

She will not likely be able to succeed in getting retroactive support ordered. She told you she didn't need the money and didn't try and get it from you.

At the most the court would go back three years but she has to show the court why she didn't seek the support before now.

And you can defend a retroactive claim by proving undue hardship which it sounds like you can prove.

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