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can she say no to a divorce and hold me hostage?

Posted in Brantford, Divorce, Location, Ontario by Questions on April 2, 2014

My ex and I have had a final order since 2012 covering all matters of our separation, custody, access and support. I am now wanting to remarry, but she will not sign the divorce, stating that I am not paying the correct amount of child support. I have given her my NOA from last year, as per our order – however she has not filed it with the FRO. I am paying as per my order, and I am not in arrears. I am filing for a ‘simple’ divorce, will she be able to contest the divorce? All other matters are settled through the final order from 2012.

Thank you!

1 Expert Comment

  1. On April 2, 2014 at 9:54 am
    A Family Lawyer said:

    It sounds as though you have decided to use a joint application for divorce, otherwise I don’t understand the reference to not signing the divorce. But you say you used the simple application. You will be putting the evidence in support of the divorce to the court by way of an Affidavit for Divorce. In that Affidavit you need to indicate your income, the number of children, the support that is being paid and the support that should be paid in accordance with the Tables under the Child Support Guidelines. If there is a difference between the amount that is being paid and the amount under the Tables then you must indicate whether the final order determined child support in accordance with the Tables. If the final order requires you to pay the Table amount, then the court may decide to stay your divorce until those arrangements have been made. The specific section in the Divorce Act says that the court must be satisfied that reasonable arrangements for the financial maintenance of the children are in place having regard to the Tables. So, it may come down to how much of a difference we are talking about. There is no purpose to file the NOA with the FRO. The FRO enforces support orders, and has no jurisdiction further to income disclosure. You may be paying the amount pursuant to the final order, however the final order may have required you to pay pursuant to the Tables and if it did and you are not now paying the amount under the Tables, then you are not in compliance with the final order. As such, once you serve the divorce application, the other party may serve a response seeking to address the issue of child support. The fact that you have claimed a divorce does not preclude the other party from seeking to change the support provisions under the final order. This is intended for general information only and not intended to be used as any legal advice.

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