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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I had a protection order done in supreme court in Kamloops,

Customer Question

Hi
I had a protection order done in supreme court in Kamloops, in 2009. My ex lives in nfld. He is not following the order and I would like it ammended. Also the support he pays for the income he has been making, hasn't been revised since 2009 and I would like to apply for retroactive support.
How do I go about doing this? I cannot go to Legal Aid as I did before.
Kim
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

You cannot ask two separate questions on the same post. Can I go ahead and answer the question relating to support?

Customer: replied 1 year ago.
Expert:  Legal Ease replied 1 year ago.

Is this about child support or spousal support?

If it is about spousal support would you say that his income will be significantly higher so this would be a material change of circumstance?

If this is about spousal support what does the order say about variations of reviews and requirement to provide ongoing disclosure of income?

Did you just discover that his income is higher now?

Customer: replied 1 year ago.
It is about child support. I just found out that his income is much higher now. It has been growing every year since the order in 2009 but because he didn't send his assessments like he was supposed to, and because I didn't want to rock the boat, I never knew just how much he was making. However now it's time to take action. He takes 500 per cheque out every month to fly the boys home for vacation however he isn't doing that but is still deducting the cash. I want it put into a scholarship fund. He dowsnt think he owes it to them. So my hands are tied. But my boys graduate in 5 years and they deserve to have something to go to school with. Hence the matter at hand.
Expert:  Legal Ease replied 1 year ago.

The court is certainly not going to allow him to keep the $500 a month. That is outrageous.

He has an obligation to provide annual disclosure. You can bring an application to vary the support and for an order that he no longer keep the $500 a month. You can seek to have the order made retroactive.

Does that make sense?

Customer: replied 1 year ago.
That's it? I figured as much. I'm no further ahead.
Expert:  Legal Ease replied 1 year ago.

I don't know what you mean when you say you are not further ahead. You had a question that was answered and now you said you figured that was the answer but are you actually saying that getting an answer from a senior family lawyer isn't assisting you? Please clarify.

Customer: replied 1 year ago.
I asked how I go about getting the process started. I have no idea how to even begin looking for a lawyer.
Expert:  Legal Ease replied 1 year ago.

What you can do to find a lawyer is one of the following things.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

Does that help more?

Customer: replied 1 year ago.
it does thank you. I'm sorry for being short with you. All this has me so stressed out and I don't feel I have the confidence to fight him again. But I will for my kids. So thank you for your time and have a wonderful Christmas!
Expert:  Legal Ease replied 1 year ago.

You too and I hope this works out.

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