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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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My wife started proceedings in early 2014 to try to get redo

Customer Question

My wife started proceedings in early 2014 to try to get redo payment of child support not paid by her ex for year 2010-2012 while she was unemployed. Part of the actions as to change parental agreements due to his actions at the time which was when she discovered she was entitled to child support. Her ex has drawn out the process to today and changed lawyers in the process. We have repeatedly tried to give reasonable offers to settle but he has a history of bullying and will not back down until he gets his way. We attended mediation 2 weeks ago which was a waste of time. While in mediation we were told it would be unlikely we would get redo recognition of the child support yet we were told it was legal rights of the children to receive it. Due to a delta in salaries he is now asking for child support payments but has also just sent a new offer to settle which now includes a major change to the parental agreement where my wife has sole custody with regard to health, education & religion. We have lost our lawyer as we simply cannot afford his retainers and we have no faith in his ability to get this resolved. We have to attend a pre trial questioning or something on 8th August but do not know what to do and whether we can delay all the proceedings until we find out what our rights are and get legal representation.
So thats a very brief history but my questions are:
In 2014 would we be entitled to look at retro payments of child support going back only 3 yrs? as that was when the action was started does that affect the entitlement today?
We have until Friday to accept his offer to settle which we are not going to. How do we defer proceedings until we get legal representation?
Submitted: 2 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 months ago.

Thanks for your question.

What province are you in please?

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