Im in a support case and the judge has said that my son (ODSP) has to contribute to his own needs. He receives 250 for

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Customer: im in a support case and the judge has said that my son (ODSP) has to contribute to his own needs. He receives 250 for MSN and & 250 for special diet. he also receives enterl feeding grant at 125/month. so he is contributing $625 towards his needs. and the judge has takern the amount he gets for basic needs and put that in the order for him to contribute more than the $625 is that aloud?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes this has gone on for 3 years and today they went over numbers and the final order will be typed up tomorrow
JA: Family law varies by state. What state are you in?
Customer: canada ontario
JA: Anything else you want the Lawyer to know before I connect you?
Customer: dont think so???
Answered by Ulysses101 in 2 hours 2 years ago
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Ulysses101
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Ulysses101, Expert

Hello, thank you for the question.

How old is the child, and is the child living with you or the other parent?

Is the child permanently disabled? Can he go to school, or work part time?

Customer
He is 29 and is profoundly disabled. He lives with me and his father is in Alberta
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Ulysses101, Expert

And the judge ordered how much support from father, based on what income?

Customer
His income ranges from 88-116k a year. He has to pay 2400 monthly for section 7 expenses.
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Ulysses101, Expert

And so the court's conclusion of the child's contribution towards his own section 7s was in excess of his own income from ODSP? By how much?

Customer
His ODSP is $1669.00. $250 for special diet and 250 for MSN as well as 125 enteral feeding grant. So will all this he’s contributing 625/month on the expenses already. Then the judge said that he was to contribute 50% of his basic needs allotment.
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Ulysses101, Expert

How much did the court say was needed for basic needs? And how much was the special expenses? And how much is each person to contribute to each category? I don't have a picture of what was actually ordered. If the judicial endorsement is clear, can you send me a copy here?

Customer
The expenses total $3712.65. After my son contributes $625 off his ODSP. The judge just ordered that he pay an additional 350 from the basic needs portion of his check. His total basic needs is (672). So taking that amount off the new total for support is 3362.65.
Dad pays 70% I pay 30.
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Ulysses101, Expert

So the judge ordered some of his basic needs monies to go towards his expenses. The judge has the authority to do that. If the judge ordered the child's contribution to be more than his income that would be a different issue altogether.

I can appreciate that you would have preferred a different result, but I don't see anything incorrect in that decision. I'm sorry that this isn't the result you wanted. What more is there to discuss about this topic?

Customer
Well my sons cq is $1669.09 and he has to pay 979. That leaves him 690 to live off. Rent is 500 leaving 190. How is anyone supposed to live?
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Ulysses101, Expert

He's in a unique position, and his needs will cause everyone to struggle. If I'm a judge, I'd likely have ordered something similar because there are only so many ways to slice up a pie as I've heard said in court.

You're free to explore appealing the decision, but unless you can find an advocacy group to support your case then the costs of the appeal won't make your victory worth it, and that's even if you win.

I wish I could tell you what you wanted to hear. But I'm not helping you if I do that. Anything further to discuss?

If I've answered you may I have a service rating please?

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Ulysses101, Expert

Thank you for the rating, that's great.

Good luck

Ulysses

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