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The BC justice system and my former father

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  • The BC justice system and my former father

    So me and my mom have been in this court battle against my so called "father" and a descision was finally made. It didn't go our way.

    We were fighting to have my father uphold the separation agreement he signed saying that he would pay for my post-secondary education. The judgement that the judge came up with was essentially that I'm living commonlaw under the "trappings" of adult life and while he realizes I don't have the money for school it's not my father's responsibility legally, he did I guess say something about it being his moral obligation, but really what the hell does that mean.

    He essentialy said that since I'm living commonlaw that my husband should be supporting me, he even gave BS numbers about what he would earn and didn't take into account the fact that my boyfriend (yes, I still call him that, we never had a ceremony to say we're married, so I therefore don't think it counts) has a chronic Illness (Colitis) which can prevent him from working, he has in fact just gotten back to work after being off for 3 months and in the hospital for a couple weeks. So no he won't be making the money that was stated in the judgement, and his illness was brought up in court.

    The only illness that was taken into account was the fact that my father had 2 heart attacks. Oh boo fucking hoo, you had heart attacks because you're a fucking whale who doesn't exercise or eat right, someone who had to buy a bigger truck because he couldn't fit into the old one. Besides that does everyone want to know what he'll be making not working? $2500, every two weeks. that's $5000 a month, and $60000 a year, and him and his wife have insane tax deductions, she gets at least a $20000 deduction for being a "caretaker" of her son. Plus a whole slew of other things. So they'll probably even be getting taxes back, hell they probably have their mortgage paid for. And they're complaining about being broke now. The only reason they're saying that is because he's not making the $150 000 that he's made for the past 3 years.

    I've essentially never seen a dime of help aside from one time that I asked, and that was to pay for the plane tickets to come home to be at my boyfriend's father's funeral, 2 years ago.

    So the judge looked at his income, looked at my boyfriends, looked at mine, and looked at my mom's and came to the conclusion that the person making the most should have no finacial obligation to his child. awesome.

    What I don't get is why this had to go to family law, and not contract law. He signed a legally binding (or so we thought) contract, one that was more than fair (my mom didn't take anything because she was asking for my schooling). Essentially then separation agreements are pointless if people can just go to court and overturn them.

    I hope his new wife bleeds him dry like I know she's planning to.

  • #2
    Originally posted by muses_nightmare View Post
    He essentialy said that since I'm living commonlaw that my husband should be supporting me, he even gave BS numbers about what he would earn and didn't take into account the fact that my boyfriend (yes, I still call him that, we never had a ceremony to say we're married, so I therefore don't think it counts)
    I'm sorry you went through that for nothing, but apparently you really don't understand the law as it works, as evidenced by this bit. "Commonlaw" specifically is for couples that haven't had a ceremony, but are living together as a single unit for a certain number of years. That means it does count. I think misunderstandings like that probably really hurt your case. So while you may call him your boyfriend, apparently you've lived together long enough for common-law to apply.
    Any comment I make should not be taken as an absolute, unless I say it should be. Even this one.

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    • #3
      I'm not stupid. I don't think you understand what I meant by that. I meant that I don't consider us married, revenue canada does, the government does, but personally I don't. It has nothing to do with the case per se, and was never used in court.

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      • #4
        I was raised that it was 18 and out, I paid for my own university. My Mother was kind enough to let me live at home and paid for my food/power/car insurance during my weeks at uni. I worked full time during the holidays and 15-20 hours a week while I studied.It was 3 years of hell, I took as many classes as I could including summer classes to get through my degree as quickly as possible. I didn't sleep much because if I wasn't in class I was studying or working. It was very hard, I had very little social life, there was no extra money for fun but I got through it. I still owe $10,000 in student loans but I will get it paid off eventually.
        My brother choose to move out of home while he went to university and he also paid his own way, his loans are much higher than mine but he made that choice.

        My father also never paid diddily fuck towards me or my brother, he let my Mother struggle along by herself with two kids who were constantly sick. She fought through and paid her own way through university to get a better paying job while raising us single handed. Even though in the divorce agreement he agreed to hold off on the sale of the family home until I was 16.... yeah that only lasted a year.

        If you are old enough to live with your boyfriend then you are a primary family unit and should be self supporting. If you live the life of an adult then you take on an adults responsibilities. That includes paying your own way for things like tertiary education. Once you are legally an adult then his responsibility has ended no matter what he said years before. Don't use your fathers lack of support stop you or hold you back.

        I'm sorry if this comes across in a harsh way, but there is ALWAYS a way to get what you want if you try hard enough. If you let his broken promise hold you back the only person your going to punish is yourself. It is not your fathers fault that your BF is ill and unable to work.
        I like your Christ. I do not like your Christians. Your Christians are so unlike your Christ - Gandhi

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        • #5
          I disagree with that notion, if only that in BC 19 is the legal age, and our law clearly states what post-secondary education expenses are (they include reasonable room and board). It is harsh, and yes I'm an adult, and I have been working my ass off to go to school, to make ends meet. The part of this is that, it's not that I'm not a hard worker, not that I'm not willing to work, but when someone signs a legal document, and then refuses to follow through with it, well it well it just shows how little he cares about me. He called me up when he got the papers for the court appearance and said "well you screwed yourself now". What the hell kind of father is that?

          It's the notion that once a child turns 18 or whatever is deemed "adulthood" that they're out on their ass that is really fucked up. I'm sorry that anybody is raised like that, I'm sorry that I was, at least partially. I'd never ever do that to my children (if I have any). He basically stopped communicating with me when I moved out, I'd have to phone him if I wanted to stay in touch. Hell even when I was living with him when I was 14-15 he called me a lazy bitch for not having a job at that point, with that fucking bitch of a wife of his egging him on. He also never bothered to put anything away despite signing a document saying that he would pay for post-secondary expenses. What good is a legal document saying that you'll do something that happens after the legal age is reached if the court decides that since I'm not no longer his "child" he doesn't have to follow through with it.

          Why would a lawyer allow such a document to be written up? My mom took absolutely nothing in the divorce, and believe me she could have gotten a good chunk of stuff from him, but she was trying to be reasonable and civil with him. Obviously that counts for nothing in this world. The only think she asked for was that, and for him to pay for my clothing when I was a kid. Explain to me how the 18 and out rule works when you've signed that kind of document, espeically since once I'm old enough to go to post-secondary I'd be considered an adult. Was I supposed to start college when I was 10? 14? what?

          I hope he ends up destitute, on the streets, I hope he suffers. I hope he learns his "lesson", like the one he supposedly tried to teach me.

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          • #6
            Legal issues aside, I think we can all agree that your "father" is a complete dick. A good dad would want their child to succeed in life, and would not use the fact that their child is in a happy relationship to weasel out of something promised.

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            • #7
              Yes, I think everyone me and my mom have talked to agree on that point, including friends of his. The sad thing is, he wasn't this way until his gold digger wife came into the picture.

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              • #8
                I'm sorry to hear that your father is an asshole muses. What saddens me most is that he probably knew all this would happen as soon as you hit the right age to go to school. He probably used that to get out of giving your mother anything in the divorce (since she'd *think* he'd at least pay for your education). So now, he got away with giving her nothing, and he gets to give you nothing.

                Fabulous person. Wonderful justice system that allowed him to get away with it, too. Unfortunately, what the legal system says is just, isn't always right. Damn depressing.

                Good luck. Don't let this jackass hold you back!
                "Children are our future" -LaceNeilSinger
                "And that future is fucked...with a capital F" -AmethystHunter

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                • #9
                  It's about on par with what I'd expect from the legal system. My parents, when they were together, created a bank account each for my sister and I for college. It was agreed upon that it'd ONLY be spent on college.

                  My parents got divorced when I was 6. Right before my sister went to college and I was in my early teens, my dad took all the money from our accounts and used it to help build a new house with his new family. My mom had to sue him for that money back, which he claimed was NOT for college.

                  When it came time for him to pay for half my sister's education, as the law says he is supposed to, he didn't. Instead he took my mom to court and because of his financial hardships (I was unaware financial hardships included having enough money to build a huge house and yearly trips to Aruba, along with paying a couple thousand bucks to send the one kid to Australia for 3 weeks), he didn't have to pay a cent if he didn't want to.

                  Seriously, when it comes to custody stuff and forcing an adult to pay for their child's tuition, don't get your hopes up.
                  Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

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                  • #10
                    Well my mom is planning on going after him for the money she's owed now. She's going to metaphorically rip up the separation agreement if she can, and there are things that she can use to do that I believe. Though that won't be until she has some money. It's ridiculous how the justice system can make it so one spouse can get so screwed over.

                    He agreed to pay clothing costs when I was a kid too, his total amount per year: $300. Foster kids get more than that. My mom also paid for basically all my other needs when I was younger, like toiletries and such, plus supplemented the money for clothing that I needed. She couldn't even get him to stay on the phone with her more than a few seconds, he would just hang up then proceed to call her unreasonable.

                    I just wish karma would stop taking its sweet time getting back to him.

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                    • #11
                      I personally can't say I know what you're going through, Muses, but my husband can. His parents divorced when he was a teenager and he proceeded to never hear from his father again. His sister occasionally does, only because she makes an attempt to stay in touch with him (mostly because she has a son and I think she wants her son to have some kind of relationship with his grandfather.) However, my husband has not heard from his father in nearly 10 years now. His father never came to his HS or college graduation or helped him through college. No birthday cards or Christmas cards. No phone calls. No acknowledgment whatsoever. Does my husband make any attempt to contact him? No, but why should he, if his father can't even be bothered to make one friggin' phone call in TEN YEARS?

                      His parents didn't have a contract like yours did, that stated my husband's father should pay for part or all of his college education, but it's not about the money anyway. It's about the fact that his father doesn't give two shits about him. He probably doesn't know how well my husband did through college, and as a result, has a great career in a field that he loves. Or the fact that the two of us are a couple, and that we're married and living together. He makes zero effort to have anything to do with my husband's life. I know my husband says he doesn't care, but I also know the divorce was a really hard time for him, and probably deep down he does care. He just has this defensive front up.

                      Anyway, sorry for the ramble. Money or not, people who do this kind of thing to their kids are shit heads and I don't blame you for wishing the worst on your "father."

                      Good luck with school! Hang in there!

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                      • #12
                        The thing that bothers me the most is that there are other kids involved, my step-brother and sister. I did get along with them, I just feel bad because they'll probably end up like their mother, people that work the system for whatever they can get. They also have a foster kid at their place, one of my step-sister's friends. So Basically they can support and take care of someone else's child but when it comes to me it's "too bad, you're out on your ass".

                        And when it comes down to it, it's not about the money, it's about the fact that he doesn't care what happens to me one way or the other. (well I can see if I become sucessful they'd be in there like dirty shirts, trying to be anyway)

                        Even my aunt, his sister, doesn't hear from him, and doesn't think much of his wife. In the 5 or 6 years they've been together, they've never gone to see that side of my dad's family. I'm glad I have quite a few people on my side at least, he's only got his wife's family, who I know are all in there to get something from him.

                        Fathers like this are deadbeat assholes. I'm sorry your husband's father is the same way. I do not understand the mindset of some people. I really don't.

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                        • #13
                          What gets me is eventually, your dad is going to wonder why you won't talk to him, and to him, it'll be your mom's fault for poisoning you against him. Or some other bullshit reason that has nothing to do with reality.

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                          • #14
                            I think you've got him pegged Fryk, he's always been the type that's always "right", or so he thinks.

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                            • #15
                              When you're trying to predict human behavior, always err on the side of "asshole."

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