What is more important in Ontario: the family law act, the divorce act or the child support guidelines?
Posted October 24th, 2009 by admin 3 Comments »
Lying Ex asked:
I am dealing with an evil ex-wife who has essentially brainwashed and stolen my children. They are now 19 and 20 and want nothing to do with me and have gone so far as to make false claims of abuse to scare me away. Despite this they (and their mother) do think I should contribute to their post secondary educations and pay child support for them. I have no extra money to help pay for schooling and because the ex is in a MUCH better financial position have asked for her understanding that there is no discretionay income that I can provide to the kids. I am paying child support and will continue to do so until they are not eligible for it. She doesn’t care (big surprise), and does not even show the child support on her financial statement as income (meaning the 12000 a year is going…???) In any case, I have to go to court now to prove that while I would like to help my kids out, despite their behaviour, I am not in a financial position to do so, especially since I have paid out well over 100 thousand dollars to their mother over the past 12 years to support the children (despite the fact that she remarried immediately after our divorce was final to a cop making a lot more than me and they have always been living at a much higher standard than myself). There are several arguments I could make (parental alienation on her part, unilateral termination of relationship, father is not to be simply a wallet etc) but I need to know from a legal perspective what the courts hold in higher regard: The Family Law Act, the Divorce Act or the Federal Child Support Guidelines. Each says similar things, but in different ways so I’m trying to determine which has more clout legally. Any help would be greatly appreciated as I am representing myself (can’t afford a lawyer…).
I am dealing with an evil ex-wife who has essentially brainwashed and stolen my children. They are now 19 and 20 and want nothing to do with me and have gone so far as to make false claims of abuse to scare me away. Despite this they (and their mother) do think I should contribute to their post secondary educations and pay child support for them. I have no extra money to help pay for schooling and because the ex is in a MUCH better financial position have asked for her understanding that there is no discretionay income that I can provide to the kids. I am paying child support and will continue to do so until they are not eligible for it. She doesn’t care (big surprise), and does not even show the child support on her financial statement as income (meaning the 12000 a year is going…???) In any case, I have to go to court now to prove that while I would like to help my kids out, despite their behaviour, I am not in a financial position to do so, especially since I have paid out well over 100 thousand dollars to their mother over the past 12 years to support the children (despite the fact that she remarried immediately after our divorce was final to a cop making a lot more than me and they have always been living at a much higher standard than myself). There are several arguments I could make (parental alienation on her part, unilateral termination of relationship, father is not to be simply a wallet etc) but I need to know from a legal perspective what the courts hold in higher regard: The Family Law Act, the Divorce Act or the Federal Child Support Guidelines. Each says similar things, but in different ways so I’m trying to determine which has more clout legally. Any help would be greatly appreciated as I am representing myself (can’t afford a lawyer…).