Tuesday, November 22, 2011

Legal advice family situation?

I have a son who lives in a different province then I do(my son is in Ontario, I am in Nova Scotia). I recently moved. I am on unemployment and receive $512.00 every two weeks. I have received a letter from my ex. Ashley's lawyer suggesting I pay $432.91 a month, $270.83 for my son鈥檚 babysitter and $162.07 for child support. As of right now I pay 100.00 a month for support and send parcels every month. I cannot afford to pay $432.91 a month, seeing how I have a daughter I help raise too, plus living expenses. My total income last year was 20 866. Do I get rights to see my son and take have him every second holiday. I am willing to visit my son 2-3 times a year and will be staying at my mom鈥檚 in the same province the child resides in.


What should I be paying?Legal advice family situation?
I live in the US, but the child support laws are similar. The amount of support you need to pay is based on income. The courts have a formula that acts as a guide when setting support. So, your ex will probably not get a raise in the child support you pay because you have a low income currently. She may be able to get a raise after you are able to find employment and have a higher income.





As far as visitation, that depends. Your visitation goes by the current court order unless/until the order is changed. If your circumstances have changed and the visitation is affected, you may want to look into low cost legal help to modify the original order.Legal advice family situation?
You pay 100 a month already and that amount my guess came from a decision from a court. Just because a lawyer sent you a letter doesn't make it legally binding, it makes it just that, a letter. You are paying, and that is that and yes you have rights to see your son. You need to go to court and set up a child visitation agreement. She can not tell you that you can't see your son if you don't pay $432.91 a month, she and no lawyer can do that, if there is an agreement from court, then you can actually call the police on her for contempt. If there is no agreement from court, then go and get one made, simple as that. Keep paying her, make sure you have proof of the monthly payments.

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