maintenance enforcement vs custody access
By Manybeers
@Manybeers (20)
Canada
May 28, 2007 11:16pm CST
Why is it that the courts will enforce a mainteanse order and not a custody and access aggreement? If I miss a payment they will take away any access I have to a drivers lic., insurance and registration or any form of picture identification. With out these things its hard to find employment and impossable to get health care. On the other hand when I asked the R.C.M.P. in Alberta to enforce my court ordered access to my son they told me it was not worth their time or paper work. When I ask the courts to do something they tell me to take it back to court. If the order won't get enforced the first time you can't expect it to be the second time. Now back to the police. Ninety percent of my visets with my son envolved a police presence at the mothers request. Those p@*^%s won't enforce a court order but will pull up when I,m picking up my son just because of some sick little game my ex is playing. I have not seen my son now for two years and with the way things are now I don't expect to see him for some time. I don't think it's healthy for my son to associate seeing his father means seeing the police. By the way, always carry a copy of your custody and access aggreement when you viset your kids. Apparentaly in Alberta you have to be sporting a set of t*ts to get justice.
1 response
@Destiny007 (5805)
• United States
3 Jun 07
We have the same problem in the US.
I wasn't allowed any visits although I had joint custody.
When I did go to court over it, the fine was going to be $50 for her. I got mad and told them not to trouble themselves over it.
It gets even better though...try being disabled and have no income under a child support order.
Although the law here in Missouri says that if your income changes more than 20% they have to change your payment amount to reflect that.
You have to file the paperwork of course, however paperwork can be lost, or sent to another office for further investigation.
I filed 3 separate modification requests over a periosd of 3 years,and not one was acted on.
The one I did get back agreed that my support should be lowered by over $100 a month, but they never did follow through.
I was up to date all through his high school years, then the little snot decided to go to college which meant I still had to pay until he was 22.
He was working while he was going to college, and making more money than I was, yet they had me supporting him.
Normally child support here ends when they turn 18 unless they are still in high school or go to college. In order to remain eligible the child has to provide an Official Transcript from the registrar's office at the school.
He never did and under the law was not eligible to receive child support, but he got it anyway. They take it right out of your checks before you ever get paid here.
My son is now 24, he quit school to get married before he turned 22.
My disability finally came through, and I have 4 years left on a 5 year repayment plan for child support that my son was not even eligible for because he did not follow the procedure according to the law.
Meanwhile, they tried on 2 separate occasions to charge me with criminal non-support, once as a misdemeanor and once as a felony.
Fortunately I had the paperwork showing that I was disabled, and it never went to trial.
The first time I demanded a jury trial and the prosecutor dropped the charges because he knew he did not have a case.
The last time was just a year ago, and he again dropped the charges because not only did he not have a case, but my disability had come through and that allowed them to garnish my check.
So for the next 4 years I have to live under a really tight budget because my disability check is nearly $200 less than it is supposed to be in order to pay off back child support that my son was not even eligible for in the first place.
I feel for your dilemma and wish you the best of luck.
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