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In the past two months I have lost custody of my son and now they want support payments.
ALL WITHOUT ME KNOWING.
I have not received anything in the mail and no summons for this.
My ex told me court is next week.
I don't know what to do.
I am willing to pay the support but I am mad they did this all behind my back.
I am in ontario canada.
I have searched every where on the internet and cannot find this answer
PLEASE HELP
You should have been contacted about your child's custody.
Have you actively supported and participated in your child's life since you were seperated/divorced?
I personally know nothing about Canadian laws for this, but in the states, if support has been deemed necessary, and you don't provide what the court asked you to do, and you aren't the custodial parent, then you can be called in on it... often the custodial parent will receive support, in addition to the child support.
How did you lose custody?
If you lost custody, then they automatically start seeking child support payments on behalf of the custodial parent, I think.
I See My Child Once A Month And Have Been Part Of It The Whole 12 Years .
I read that next week Will Be A Hearing And Then They Will Send Out The Application For Support To Me ,then I Will Have 30 Days To Reply With My Financial Information.(I Hope This Is Right).then They Will Have A Judgement.
They Cannot Make Me Pay A Support Amount If They Do Not Know My Income.
Im Soo Mad They Can Do All This Behind My Back.to Give Custody To My Ex Without Me Knowing-no Letter-no Summons Or Anything. The Thing Is My Ex Is On Welfare So It's the Government Doing All This.but As I Said... I Don't Mind Paying Its How Sneeky They Are Being.
I don't know about Canada, but in the Missouri, USA they CAN order support without your income. It is in your favor to provide your information usually. However, they have a default formula to use when the non-custodial parent's income is unknown. If the child support agency is the one seeking child support on behalf of the mother because she is receiving help from the government... they do not contact the non custodial parent here. Often, they do not even contact the custodial parent until after they have the child support order and they receive a copy at the same time the other parent does. After the order is placed, the non custodial parent has so long to contest.Quote:
Originally Posted by zamboni
As for custody, just because they are ordering support, doesn't mean that they have decided custody. The government doesn't usually seek custody on behalf of either parent just because they are receiving aid.
Perhaps are you getting confused on the custody because the papers from the child support hearing says "custodial parent" and "noncustodial parent"? The child support papers will say that even if custody has never been decided. Simply a way for them to know who the child is living with and who should be paying support.
Were you served with a court order giving her custody?
I'm sorry but something doesn't sound right here. In your response you said; "I See My Child Once A Month And Have Been Part Of It The Whole 12 Years". This indicates to me that you did not have full custody but had joint custody with visitation. So why do you think you lost custody? There are two forms of custody, legal and physical. Legal custody means that you have a say in the child's upbringing. Physical custody means the child lives with you a signifcant part of the time. Physical custody usually is full time with the other parent having visitation.
So I can't understand, if you have physical custody, how your spouse or anyone can just take the child from you. There is either something you aren't saying or something else is going on.
As for Child support, if the child is 12 and you haven't been providing support until now, why not?
You really need to explain this more fully so we can understand how to advise you. Either that or hire an attorney to represent you.
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