All Life Insurance Tips

Is a child custody and divorce agreement binding when one party refuses to sign even if arranged in meditaion?

My common-law husbands ex-wife has refused to sign the documents that were agreed upon through the provincial mediator in BC. She refused to sign the papers because they were written up using the married name that she says she never used they had to be made using her previous last name not her maiden. This was in 07 now she has dissappeared we are falling behind in child support because we can't find her and he hasen't spoken with the children in over a year. We asked her if we could put the kids on our RESP and gerber life insurance plan and she said no. So we are stuck. falling behind with a growing savings account waiting for her to collect her $982 a month that she dosen't seem to want. FMEP can't help because the agreement hasen't been filed or whatever. Are we really on the hook for the 14000 that could be hers plus interest from the savings account. She told us may 07 that she would be intouch to let us know where to send the money and be able to at least talk them. We live in Canada and the laws are a little different. They were legally married but common-law is actually considered legall her to. The papers have not been filed and the mediator here has the final say. We have spoken with lawyers and we are still not getting answers. We have done several legal searchs for her. Also the government won't get involved with the child support because she didn't sign and can't be forced to sign. They are legally seperated but she won't let go. We have our own children to who want to get to know the other two that are missing. We have 4 year old pictures hanging up on our wall that have become the topic of conversation several times.

Public Comments

1. This is a legal nightmare and you need an attorney's help.
2. The mediator has most power but all states differ on the details, this is something that HAS to be answered by a LOCAL authority. Judge, atty, as all statews differ. Call legal aide or an attorney or your Mediator or guardian.
3. mediator can suggest, but he is trying to MEDIATE the to of you into an agreement. He has NO say really, but he can suggest. The GAL has power, and lots of influence on the judge. Its up to the judge.
4. I do agree with the previous answer, you should consult a lawyer. But on the flip side, she is rather ignorant not to keep in contact and collect the money to help her raise the children. She is being both selfish and just plain dumb. As far as her refusal to sign in mediation, I can assume it would depend on the type of mediation. If I am remembering some legal research properly there is different types, and you would need to see if the mediator had authority to make decisions (legally binding) or if they were there just to over see an agreement be made. And if the agreement wasn't ever filed, you wouldn't be legally responsible for any type of support I don't believe. You may check into this, nothing filed with the courts would I think mean no binding agreement to hold you or your husband liable to pay. Hope this helps, and you may be able to see a family lawyer at low cost (if needed) or at least just have a consultation with one to explain the situation and get guidence.
5. Actually, aside from missing your children terribly, the child support issue is not that bad. If an order was put into place, then you should be paying the court system instead of holding onto it, otherwise you'll be charged interest. Now, on the otherhand, if she does not pursue you, she also waives her right to the support. In January of 07 a law was passed regarding the collection of child support. It only allows a parent to go back five years. There is also a new twist to this law, if one parent doesn't allow the child to see the other parent for visitation, that parent can go back into court, file a motion and have the child support order stayed until the parent with placement complies with visitation. My advise? Get a lawyer. You are talking about "common law" marriage, which isn't recognized in most states. They may have their own set of rules and guidelines. And if you don't agree to something....don't ever sign it. Even custody battes can go to trial hon.