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towelsnap
03-02-2010, 04:29 PM
I hate making my life public... but desperate times have made me come to do this.


This is long so if your not sure of custody battles/ or have personal experience/ not sure of a lawful stand point ... I'll save you the read


Issue.


My current girlfriend has two amazing boys with a crazy ex. The father has custody currently due to a mutual agreement (verbal) where my GF takes the baby bonus (due to the ex not having a bank account they use to be joint accounts) and gives him the $900 each month . My girlfriend gets custody on weekends than they go back to their fathers (out of town) where they go to school. They(the boys) live at her ex's moms house since he is currently unemployeed (**note its a run down house in the country and the only heating is a woodstove ... so pretty much a cottage**) .


ISSUE

He just filled for EI , and now wants to change the baby bonus into his name. When he called the agency to do this, they stated why has MY GF recieved the bonus if the kids aren't with her . Since he is an idiot he stated that she was keeping the money and not recieving a dime. Now... without a bank account this will be hard to prove, she has transfered the money (when they had a split account ) into his side so the money is there for the boys .... but we all know the money went into his pocket .

So now the government is trying to come back and make my GF pay over $10,000 indicated that the money was kept unlawful/fraud........what do we do? I do love this girl and want to be with her the rest of my life with all this drama... I just can't see someone being innocent and honest and having to fork out that much money. Currently my GF is a full time student (26 yrs old) and trying to make her life better. She has no job, just OSAP to pay for school/living expences. When they use to live together they have had numerious domestic calls, and he was kicked out her old apartment.


Now since she is a student she can go for legal aid (lawyer) but what should we do ? First I think to get out of this mess and not have to pay $10,000 (which I don't have saved) , and try for full custody. Please any ideas/or help in this time of need will be great..... kinda scared shitless at this point. If you are a lawyer and want to give your opinion (as a tm3 member) please feel free to PM off the record of some tips or if anyone has had this horrible experience please feel free to respond to this thread. Sorry for making my personal life on here... it's not like me... but I need help and fast.




- Greg





"When two people have a child, they each have an equal right and equal responsibility to raise their child. They have an equal right to make decisions about their child’s care and upbringing. This is true whether the parents are married or not."

"When parents do not live together, they must arrange how they will share their parenting rights and responsibilities."

Which also brings us down to the word custody

"What is custody?
Custody is the right to make the important decisions about the care and upbringing of a child. For example, the child’s:
religion,
school and educational programs, and
medical treatment."


Now since she has them on weekends doesn't that mean this ???



"Even if one parent has sole custody, when a child spends at least 40% of their time with the parent who has access, the parent with access is said to have “shared custody” for the purpose of figuring out how much support he or she must pay. The 40% can be made up of weekends, overnights, and parts of vacations. If the child spends at least 40% of the time with the parent with access, the parent with custody might receive less child support."

All qoutes from

http://www.cleo.on.ca/english/pub/onpub/PDF/family/custody.pdf

optiklenz13
03-02-2010, 04:47 PM
Greg, I'll let my wife read this when I get home. I'm not really sure if she can help you, but she works at a law firm and one of the lawyers she works for specializes in Family Law/Divorce and whatever the case maybe.

Sorry to hear abou this, but I'm pretty sure you'll need a lawyer if you want your girlfriend to get out of the mess.

Fobio
03-02-2010, 04:51 PM
Check this out...I know this guy and he's not out to make money...

http://isthatlegal.ca/

You can tell Mr. Simon Shields that Vincent from the bank made the recommendation.

MistaChin
03-02-2010, 05:16 PM
Greg, so sorry to hear about all this. I'll have my brother read this. He's spent over 5 years at the Law Society and he's currently on his way to Law School.

FONZ
03-02-2010, 05:20 PM
Holy F**k Greg, Sorry to hear.

Ahh, if only MDW2 was reality, the things we could of done...

towelsnap
03-02-2010, 05:42 PM
thanks for the support, if more personal details are needed let me know, I appreciate the referrals , at this time we aren't looking for a lawyer but know we will have to at some point :( . More than likely court will be the only option. I just want my gf to be happy, her kids and myself make her happy and I will do what ever it takes. I'm young I'm broke I only make $40k a year..... on a single income....


LOL fonz... ha with being angry I play better in COD lol.\


**also please note** this is just the begining process


Steps to sucess ...

- Keep all his harassing text msgs
- Try to bring up banking info to show 900$ was transfered into his account (when it was active)
- Prove 900$ was always removed from the account via telephone banking (his number was used he deducted it)
- Indicate that he has continuely been stealing from my gfs account after his account was closed via telephone banking


ya..... things are turning into a nitemare.. but hey she's worth it :) what else should we prep for?

m_bisson
03-02-2010, 07:10 PM
should have written cheques for each payment :( what you need is proof that the money was paid. so any sort of a paper trail helps.

towelsnap
03-02-2010, 07:11 PM
not even bank statements showing the withdrawl

prinsesa
03-02-2010, 07:59 PM
That really sucks :( I'm a social worker and I come across this problem many times :(
Your best bet would be Legal Aid Ontario, I usually know my resources within the Mississauga area, what city do you live in?

I'll follow up tomorrow when I get into the office, I'm SURE that there is a way around this.

aris
03-02-2010, 08:01 PM
That really sucks :( I'm a social worker and I come across this problem many times :(
Your best bet would be Legal Aid Ontario, I usually know my resources within the Mississauga area, what city do you live in?

I'll follow up tomorrow when I get into the office, I'm SURE that there is a way around this.

Greg lives in Kingston

prinsesa
03-03-2010, 12:58 PM
Hmmm, okay so she's going to have to call Revenue Canada to inquire as to what exactly she needs to prove that she has been providing her ex with the CTB and UTC she receives monthly.
Also, if she has concerns about the children's well being, she can contact CAS Childrens Aid Society as well.
Unfortunately, if she cant prove that she has been providing her ex with the CTB and UTC monthly.
She has to pay everything back, income tax refunds and GST/HST credits will be taken by Revenue Canada directly, she can make payment arrangements as well, and if she is working, her income may be garnished.
I think you guys should talk to the dude and tell him that he's NOT going to get any of the cent your girlfriend's going to give back to Revenue Canada, maybe he thinks that he's gonna get UTC/CTB from CRA PLUS what your girlfriend is paying back to CRA.
What he's doing is so selfish :( I think he should be thankful that your girl is doing him a favor because he doesnt have a bank account (there may be a reason for this)

Cardinal Fang
03-03-2010, 01:27 PM
Sorry to hear abou this, but I'm pretty sure you'll need a lawyer if you want your girlfriend to get out of the mess.

I agree. Read the posts in this thread if you want for support but under no circumstances should you base any decisions on what you read without first consulting a licensed Lawyer. This type of mess is a mine field and your girlfriend requires proper representation.

Best of Luck.

midnightfxgt
03-04-2010, 07:54 AM
The Law Society of Upper Canada has a lawyer program where you pay like $6, and receive 30mins or so consultation with a lawyer in your area.

If you need details, just post up, and I can get them from my wife (LSUC employee).

-John