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ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3360
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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My husband has full custody (went through court and got

Customer Question

My husband has full custody (went through court and got order Aug 2015) on this order it also states that she's supposed to inform within 14 days of employment change. There was another order done later with the cost for support (as she never did any financial information during the whole process of court, or trial. Have not received the final typed up oNE from court house on this but her payments are suppose to be 50% . We have proof that she is working but do not know where. She ignores when asked.
How do we go about making it so she actually pays support without having to go through whole trial again?.
She has been not followed any court orders to date. (Besides custody and times, she's tried to ignore these but we've not allowed it)
Already spent enough money through custody battle, don't want to spend another 30k+ to not get any money from support in the end anyways
Submitted: 10 months ago.
Category: Canada Family Law
Expert:  ulysses101 replied 10 months ago.

Hello, thank you for the question.

So the custody order doesn't address child support, but a later order does, and you don't have that later order yet?

What province are you in, and what level of court made these orders?

Customer: replied 10 months ago.
Ontario court of justiceYes custody order doesn't address support (she never did any financial through court so judge wouldn't do support order with no info, she was court ordered I think 3 maybe 4 times during process to financial, she never did)Custody order also states she has 14 days to inform of employment changes.I
Expert:  ulysses101 replied 10 months ago.

OK, you'll certainly need that second order. But if you're confident about what it says, let me know as exactly as you can please. Maybe you have the judge's endorsement or a copy of the minutes of settlement that led to the order, even if you don't have the order itself yet.

Customer: replied 10 months ago.
I wasn't present during the court date, I'm just going from what my lawyer told me, don't have copy of endorsement either .Court cost were done she's has to pay 5000. She cannot continue with the appeal she tried doing until that's paid back and she cannot start another court application without paying that back. And on top of that she's supposed to pay 50% of earnings for child support. So lawyer told us we wouldn't have to worry about appeal as if she starts paying the 5000 back then she'll have to do the 50%She filed an appeal after custody order (which we got told didn't have a leg to stand on)
Expert:  ulysses101 replied 10 months ago.

OK, so she appealed the custody order. That appeal is either stayed, or dismissed, or ongoing; you need to go out. It doesn't sound like she's appealing the child support from the second order.

Enforcement is either with you or with the Family Responsibility Office. You should do the latter. They are slow and a brutal bureaucracy, but they get the job done in time and it doesn't cost anything. If you haven't done the FRO registration package, then go to court. Get a copy of the package and check that the Support Deduction Order went from the court to the FRO. It should have. Also, someone should be taking out and issuing that order; ask your lawyer about it.

It would be very unusual for the order to say that the payor has to pay 50% of their income for child support. In fact, I've never seen that. Support is, 99.9% of the time, a monthly amount based on the actual or imputed income of the payor. I suspect that you're confused by something you heard, that the FRO can take 50% of a person's income towards child support and arrears. That's an enforcement measure, but the amount of support that's due is going to be a monthly amount.

If income isn't being disclosed, or the payor isn't complying with an order (other than the actual payment of support, which is with the FRO for enforcement), you can bring a motion that she be held in contempt. That's an extraordinary thing if successful, but you might well have enough for that. When talking to your lawyer, ask about that option. If you have evidence of unreported or under-the-table income, gather it together. That can include her mentioning work or income on facebook, advertising for a service she's providing like housecleaning or escorting, whatever you can find.

But the first place to start here is to get a copy of the final support order as issued, get the FRO regsistration package and complete it and send it to them, and confirm with the court that the SDO has gone to the FRO.

Does that make sense? Please reply with question or comment. That's the best anyone can tell you until you have the court order in hand and can tell me what it says.

If I've answered fully, I'd appreciate a positive service rating please. But I'm here if there's more to discuss.

Expert:  ulysses101 replied 10 months ago.

I know that the support issue seems complicated. Is there more about this top that you want to talk about?

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