I have been divorced for 3 years - court granted divorce!!?
So here's my question - my ex who I have joint custody of our son has recently decided that he can no longer work as he is disabled. Our son is with me every weekend Friday to Sunday during school and Friday to Monday on the summer vacation my ex has informed me that he has to go on Social Assistance until his case thru ODSP is approved. We have no agreement to support as we agreed and the judge agreed that the amount of time I have with my son makes up for the support payment - He know advises me that I have to pay support ------ anyone have a legal background that will confirm that this is true????
Sorry I live in Canada and the divorce was uncontested.
- SerenityLv 71 decade agoFavorite Answer
You should post this over in the Law section. Somebody over there might be able to give you better advice than over here.
However, he cannot just inform you that you now have to begin paying child support. He would need to go to court and get an order. In order to get that changed he would have to show good cause for it to change. It sounds like you each have the child half time, which would negate any child support in either direction.
Nobody just "decides" they are disabled. I know you are upset by his crass behavior, but as the father of your child try to be a bit more supportive of his illness or injury. I know that it is very difficult for most men to become disabled and not be able to work any more. My husband was disabled and it just killed him to have to go on disability. He hated he couldn't support us as he felt we deserved. I had to constantly reassure him that I was OK with him not being able to work, that he didn't want to not work, nor did he choose to be disabled.
You may want to seek an attorney if he takes this to court. Do not give him a dime unless the court orders it or that may seem as though you agree he needs help from you. At least until you see an attorney and somebody with real legal education can properly advise you.
Good luck and much success with this new stress. I am very sorry he is threatening you. He really cannot just order you to start paying him he has to get a court order and you can fight it.
- LegandivoriLv 71 decade ago
You do no it have to do anything whatsoever unless a judge orders typo to pay. That would require him to hire a lawyer and make a motion in Court.
Divorce him ans demand sole custody.
Your husband, I believe, might actually be faking it to wore off the books. If you can, try to hire a detective and see if he is working off the books. That will be cute if he is collecting disability and defrauding the government,. In that case, if it is so, you Can ask fop sole custody and urge the Distract attorney to press for his incarceration pending federal charges.
Husband might have top live much moire Sim,ply to pay his way.. Do NO At give anything away in terms of your plans or your money,. Act dumb.
Also, I;d seek the advice of an attorney anyway.
- 1 decade ago
What state are you in? It would depend on the % of the disabled part. Is it Child support or support for him?If it is for him then no, your divorced. If it is for the child then depend what state?
- 1 decade ago
He can't just say that. He has to give you court documents and usually you will all go back to court.
- How do you think about the answers? You can sign in to vote the answer.
- TotalRecipeHoundLv 71 decade ago
First, you might want to add on your question what country you live in.