Child Support Battle

IAMI · #1 07-16-2006, 12:01 PM

Hi All..
I am posting this to get some opinions on a long discussion I've been having on another forum.
The link is here:
http://www.fathers.bc.ca/forum/viewt...285dc cde6535

Please note that I am in Ontario Canada, and the forum is held in British Columbia Canada.

I am currently filing a Notice of Demand asking for proof of claim (that I owe child support) - produce the original instruments, validation, verification etc.
There is also a nice list of things that will happen upon failure of proof (by tacit agreement).

I have also filed a rescinditure/revoking of all signatures and powers of attorney regarding all of the court support orders/consents/agreements/documents and am filing this with the Minister of Justice in Canada (copies to file with court, Ex and Family Responsibility Office (FRO) a.k.a. Debt Collector))

This is quoted from the link, and is noted to show some of the reasoning behind my decision to fight them (Ex, Court, FRO).
The most recent court appearance was June 16th, 2006.

"...my reasons for wanting to get out of paying child support all together are quite simple. Suffice to say that I have paid diligently, never lied, and volunarily paid more to my ex when ever I could. I truely believed that I was helping my children. Our agreement was ordered before the new laws which were changed in 1996. We even had a written agreement outside of court for an increase for the last 2.5 years. It's always been as fair as I could afford. I see my kids with little difficulty (every other weekend and some evenings in the week... except for the 6 years she had them on the other side of the country). I was honourable to my agreements, and never missed a single one.
Then she learned about the updated tables. Did some creative thinking about how much I must be making... and it was simple math from then on. Doesn't matter that her and her common law (of 10 years) make well more than I do. $$ were in her eyes. I tried to be civil and discuss alternatives to a court order, but she told me straight out that she felt she was entitled to it... and hell, the system is backing her, so she took me back. Of course she "won".

So. Now that I've seen the truth of things (and she's admitted to the truth herself). It's all about her getting her mortgage paid for her. Or that nice new barbeque. Or one of a hundred things she can do with her free money. Now that I've had a nice big Gavel shoved up my ass and my rights stomped upon...
**** that. No more. If that's the game... and I'm automatically guilty, and just a money purse, then screw that. My wife of 8 years and our two kids are coming first. **** her (my ex). **** the system. My money is mine, to do what I want with it.
If it's all about the money (according to her, and the system it is) then so be it. It's all about the money for me now too.
If this method of dealing with the courts and FRO can work, I'm going to sleep very well at night knowing that she's suffering (not financially... she does make more, but knowing that I could have possibly "one-up'd" her).
If my kids no longer enjoy their lifestyle at their mothers, then they can choose to move in with me. They're old enough to decide...."

Any help/advice/opinions very welcome!

Cheers,
IAMI

ezrhythm · #2 07-16-2006, 12:57 PM

Welcome to SJ and congratulations on your noble endeavor!

I read the thread posts on BC Fathers. Did you hear back from Powder regarding the warrant issue?
If the X provides the original divorce decree is that sufficient for proof of claim?
If support orders were adjusted since then, does the current order issued by the court become the proof of claim?
Can you rescind your signature from the divorce decree?

Please keep in touch and let us know of your process and results.

May you be blessed with the Father's wisdom and continued perseverance and that what you set out to do, may it be accomplished without roadblocks and delays in the name of Christ Jesus.

powder · #3 07-17-2006, 11:20 AM

Powder there is powder here

IAMI and I have had many long conversations.

IAMI · #4 07-18-2006, 02:00 PM

Hi All,
I have started my battle against my Ex, the family courts and FRO... the thread can be seen here:
http://www.fathers.bc.ca/Forum/viewtopic.php?t=1236
Step 1 is done... step 2 is this thursday.

My thanks to Powder for his help.

Cheers,
IAMI

ezrhythm · #5 07-18-2006, 09:11 PM

Who all is getting a copy of the affidavit? County recorder, court, DA, Ex?
Are all the copies notarized and sent Registered mail? Any hand delivered?

In his affidavit is it nessecary that he include;

"Fraus omnia vitiat. Ex turpi causa non oritur actio. Ex nudo pacto non oritur actio. Ex maleficio non oritur contractus. Ex dolo malo non oritur actio. Nunc pro Tunc."

And if so, should he have that and what it means memorized?

IAMI · #6 07-18-2006, 09:57 PM

Quote:

Originally Posted by ezrhythm

In his affidavit is it nessecary that he include;

"Fraus omnia vitiat. Ex turpi causa non oritur actio. Ex nudo pacto non oritur actio. Ex maleficio non oritur contractus. Ex dolo malo non oritur actio. Nunc pro Tunc."

And if so, should he have that and what it means memorized?

Memorized... could do I suppose. I looked them all up before putting them in. I agree with their meanings and believe them to be truth. Which is what I am swearing to in an affidavit. Required? Possibly not. But I believe that putting those maxims of law there help only to bolster my points.
http://www.vancouverfamilylaw.com/maxims.html
here is a good reference for those who want to know what they mean.

Cheers,
IAMI

ezrhythm · #7 07-19-2006, 12:30 AM

Incase you missed these;

Who all is getting a copy of the affidavit? County recorder, court, DA, Ex?
Are all the copies notarized and sent Registered mail?
If not, which ones?
Any hand delivered?

Thanks!

Akira · #8 07-19-2006, 10:17 AM

"Partus sequitur ventrem; The offspring follow the condition of the mother, this is the case of slaves and animals; but with regard to freemen, children follow the condition of the father." - Bouvier's Maxim's of Law (1856)

For HIS Glory,
Akira

powder · #9 07-19-2006, 11:42 AM

I used that as point 131 (last point) in a 167 page affidavit.

IAMI · #10 07-20-2006, 09:02 AM

Quote:

Originally Posted by ezrhythm

Incase you missed these;

Who all is getting a copy of the affidavit? County recorder, court, DA, Ex?
Are all the copies notarized and sent Registered mail?
If not, which ones?
Any hand delivered?

Thanks!

Heya,
I am sending an original notarized version to the Minister of Justice. The rest of the people are getting copies only. They don't need originals, it is just to show them that it's been done. The MoJ and my Ex are getting theirs via registered mail so I have a reference that they got it. The courts are getting a copy with my demand notice.

Cheers,
IAMI