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He says he put the last few payments into my account in error even though they were for the correct amount and on the right day. Since I've said I'm not repaying them he has stopped all payments. I shouldn't have to repay my support payments just because he says he put them in the wrong account. I used the money as usual for basic necessities and haven't the money to give back to him. What kind of a man does that after 40 years? How does Ontario/Canadian laws protect me from someone like him?

2006-11-04 16:26:13 · 6 answers · asked by junebug 5 in Family & Relationships Marriage & Divorce

He ended our marriage of 30 something years because he had an affair with his brother's wife who he is now living with. He has faithfully been paying with no problems until recently when this happened. Over the years we managed to still on good terms. Now he suddenly stopped phoning and started this problem with the bank and the support payments. He even went so far as to sign an affidavid saying he put them in my account in error. The bank can pull up from their records the payment history. I think it has something to do with the "live-in" ex-sister inlaw.

2006-11-04 16:40:58 · update #1

6 answers

If these are payments set out by the courts & he's not following the courts orders then he is in violation.
Having said that, my personal experience with the Ontario Office of the Solicitor General has shown me that they are quite arrogant, & assume that all people are going to voluntarily carry out all orders made by the court. They really have no true consequences in place for someone who chooses to violate their orders.
The police don't get involved in Civil matters so you can't go to them. The only thing you can do is file for an action of enforcement with the civil courts, & that is basically a whole new lawsuit. You go into the court, & if the Judge passes judgement in your favour, & the other party is determined not to follow the judges orders, then the courts will pass down more severe judgements, but all you get in the end is a bigger piece of nothing because the civil courts have no bite.

If your Ex has come to realise this then he can dig his heals in and tie you up in an endless circle of "You take him to court, the judge finds in your favour, your ex fails to honour the courts".
The only chance you have of getting anything out of him in that case is if you go to court AGAIN, & sieze property, like his house.
But they RARELY do that.

Civil court in Ontario is definatly not like on TV where everything is wrapped up in one single episode. It's slow, broken down, crappy, & it sucks.
Sorry!

2006-11-04 16:51:51 · answer #1 · answered by No More 7 · 0 0

honestly. the man is obviously a jerk, or stupid with his money and going broke after giving you your share. Did you have a judge make these payments a legal thing, because even if not word of mouth is in many cases a legal binding contract. Either way you got him had. you dont owe a penny. not one cent to him. it's rightfully yours, and even if he gave it to you by misake he owed it to you anyway.. so does he want you to keep it, or be behind on his payments.. hmm? dont worry, you got him girl.

2006-11-05 00:31:26 · answer #2 · answered by GoTtHeLiFe 1 · 0 0

I hope you are talking 'DOG YEARS" , I can't imagine paying support for 40 years.
If the Canadian laws protect you and make him continue paying, shame on them.

2006-11-05 00:35:13 · answer #3 · answered by Nort 6 · 0 0

You need to get a lawyer again ....as for support is it for kids ? If so sometimes the amount get reduce if they get their own job or are older ..like 16-18 years old ...more detail .

support for you ..or your kids?

2006-11-05 00:31:49 · answer #4 · answered by tinkerbelle_oceane 3 · 0 0

So what are you leaving out of this story?

2006-11-05 00:30:29 · answer #5 · answered by master_der_man 6 · 0 0

contact a lawyer soon

2006-11-05 00:30:25 · answer #6 · answered by stormyjoem 3 · 0 0

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