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I can not find case law that supports my position or the position of my ex. My ex receives CPP disability, however has not provided any evidence of this or any other income, other than his Notice of Assessment. I know he has a legal obligation to pay child support, however he has made an ISPO application to terminate his child support retroactive to a date 3 days before he even filed in his province and 2 months prior to my province.
I can not afford a lawyer so I need to file the documents and find the case law myself. He possibly is paying more child support than the guidelines, however he has never brought an application forward to reduce payments based on his income when he started receiving CPP disability in 2015. My child does not receive any CPP disability payments due to the father receiving CPP disability. I only recently found out this is a thing. Please can someone point me in the right direction. Time is running out for me to file my response.
06 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
Hi Sherry,
You say that you cannot afford a lawyer, but you really cannot afford to just "wing it" on your own. Have you tried Student Legal Services at the University of Alberta Faculty of Law?
You can also ask the librarian at the Law Library on the second floor of the Law Courts to help you find case law, although, as I said in another reply to you, this is fact dependent and not something that needs a bunch of case law support. The main one a Justice would use is Haisman v. Haisman 137 AR 245 — 7 Alta LR (3d) 157
Have you received full financial disclosure from the payor?
Again, this forum lists many lawyers who will do limited scope work and you may want to consider a consultation with one of them so that you do get legal advice specific to your situation.
16 months ago
Sherry Spence (Edmonton)
I understand the importance of a lawyer, however there is less than 10 months of child support involved. A lawyer will cost more than what he has already paid and what will be left owing.
06 months ago
Sherry Spence (Edmonton)
The only financials he provided has been his Notice of Assessment for 2019-2021, so 2020 and 2021 he would have been incarcerated, but nothing else. No nonthly statement showing what he gets for disability, no bank statements showing what is in his account, and other to an 1 section of the financial showing his expenses. He provided nothing.
06 months ago
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