[d_alex_d]

Maybe this is too serious a topic for discussion here, but I'm just gonna ask a general question and hope someone has any idea or info for me.

I live with my girlfriend and her 2 year old daughter. I have taken her in as my own, and would never see her as anything but my own daughter. Her real father is a big dooshbag with a history of violence, drugs etc. He lives with his parents, who for the most part are ok people. It is for this reason that they have custody to see her every other weekend. He is also required to pay some child support. But he has not paid a dime in almost 6 months, and owes over 2 grand to my girlfriend. This may not sound like much compared to a lot of other child support cases, but for ppl who live pay cheque to paycheque, it is a pretty large chunk.

Part of the problem is that he does not have a job, and therefore, doesn't have to pay anything. According to my understanding of the law, there is a formula to determine how much he pays based on how much he makes, therefore if he makes nothing, he does not have to pay anything.

This seems ridiculous to me, that a guy who shows no interest in doing nothing but sit at his parents house all day doing drugs with his friends, still has a right to see his daughter, even if only twice a month.

We have been looking into taking further action the last couple days as we are getting fed up with this BS.

Any advice on steps to take, or any further understanging of any laws or anything that may work in our favour. We are planning on speaking with her lawyer but its not always that easy to just drop of work schedules and see them right away.

Thanks guys....

[cferneyh]

To quote Keanu Reeves in Parenthood: You know, Mrs. Buckman, you need a license to buy a dog, to drive a car - hell, you even need a license to catch a fish. But they'll let any butt-reaming asshole be a father.

As a father to two young kids, your situation makes me ill. I don't have a lot of patience for assholes unwilling to provide for their children.

I'm no lawyer, but my guess would be that if all the guy does is sit at home and do drugs all day, you should try to find a way to document it and/or prove it. I'm guessing that his sustained drug use would certainly make a judge think twice about the visitation rights he has......

Good luck. :thumb:

[clearlyentranced]

Crappy situation indeed.

I was looking on "the google" and came across this short little video, it may help a little.

<!-- m --><a class="postlink" href="http://www.videojug.com/expertanswer/child-support-payments/what-can-i-do-if-my-ex-spouse-wont-pay-child-support">http://www.videojug.com/expertanswer/ch ... ld-support</a><!-- m -->

[tth_fan]

I'm a youth worker. I don't determine what a family should receive, or if a child is being neglected. The child is either brought to one of the two places I work at (Boys and Girls Club, or Bosco Group Homes) and I give necessary treatment and help to the child/youth. But, I obviously talk with these youth's social workers a lot.
From what I know, if one party can provide the basic needs for a child alone, then the authorities won't pursue the guilty party very hard. It doesn't mean what they're doing isn't wrong and not illegal; it means they will focus on the famillies that absolutely need the child support or they can't provide the basics. Therefore, they'll take care of the poorest first, and work they're way down the list.
It sickens me the type of people who have kids, and obviously shouldn't. It also sickens me when I hear stories like this. I know this may not help, but at least it gives the perspective from a child & youth care point of view.
Best of luck.

[cochise]

Well, I am no expert in the area, but I am a single dad myself with two children. The ex and I get along fine, the kids live with us both 50/50. We have never really gotten in any argument over child support, but I am fairly familiar with how it all works.

You are correct, there are simple “child support guideline” tables which determine the amount of child support he would be required to pay, and it is based on annual income.

<!-- m --><a class="postlink" href="http://www.doj.ca/eng/pi/sup-pen/grl/tbl1_4/on_b.pdf">http://www.doj.ca/eng/pi/sup-pen/grl/tbl1_4/on_b.pdf</a><!-- m -->

I can’t really give advice on how to handle your specific situation, but if you get hold of the “Family Responsibility Office” they should be able to point you in the right direction. They are basically the enforcement agency in Ontario when it comes to child support.

<!-- m --><a class="postlink" href="http://www.mcss.gov.on.ca/mcss/english/pillars/familyResponsibility/">http://www.mcss.gov.on.ca/mcss/english/ ... nsibility/</a><!-- m -->

I know its difficult but, access to the child and child support payment are two separate issues. I know it’s tempting, but never consider withholding his access to his daughter because of child support issues. It could really end up backfiring on you if he ever took you/her to court. But as mentioned above, if you can prove there are drug issues, his access would be taken away pretty quickly...……...

Sorry I can’t help much more. But if you have any other questions feel free to ask me or send me a PM.

Lastly, lawyers are the blood suckers of the world............they will work hardest for whichever side will pay them more.........I know, my brother in law is one of them.....

[d_alex_d]

Thanks guys for all the advice and support.

We are heading to the courthouse today for a free session with a family lawyer to discuss options and where to go. I know, a "free" and lawyer together sounds ridiculous, so I guess we'll see what we'll get. It's some sort of clinic they have set up.

Let's hope it all works out.

[d_alex_d]

For all who are interested - we were told that there isnt much we can do to force him to pay support, nothing thats worth while anyways, (for our situation) there ways some options, but didnt make too much sense for us.

But we got some good advice on the custody side, but I'll spare you the details.