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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-10-2014, 05:08 PM
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Default F.R.O and OVER SUPPORT when CS TERMINATES

Family Responsibility Office does not "claw back" or garnish wages on OVER SUPPORT from the support recipent when child support ends (i.e adult child out of post secondary)..if your in a situation and your confused on why a support recipient is foot dragging ending support ...thats why......Contact the FRO if your in this situation..they'll need information ..like termination date...ages kid(s)...from the payor (you) and they'll with hold support payments (put in escrow) until they contact and recieve info from support reciever who has 20 days to refute.
If your pro active enough it may save you sitting in small claims court (max you can sue for there is 25K) trying to put a lien on your ex's house....just sayin
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Old 04-11-2014, 09:45 AM
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Family Responsibility Office does not "claw back" or garnish wages on OVER SUPPORT from the support recipent when child support ends (i.e adult child out of post secondary)..if your in a situation and your confused on why a support recipient is foot dragging ending support ...thats why......Contact the FRO if your in this situation..they'll need information ..like termination date...ages kid(s)...from the payor (you) and they'll with hold support payments (put in escrow) until they contact and recieve info from support reciever who has 20 days to refute.
If your pro active enough it may save you sitting in small claims court (max you can sue for there is 25K) trying to put a lien on your ex's house....just sayin
That is not true.

In my case, my son left his mother's place and moved in with me. I paid CS for him, but filed immediately with FRO for relief. It took three months for them to finally settle it (because my ex refused to talk to them) but in the end they informed her that my next payment would be minus the overage I paid, so in effect I paid almost zero (I have 3 kids) for CS, and paid the regular SS.
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Old 04-11-2014, 09:53 AM
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That is not true.

In my case, my son left his mother's place and moved in with me. I paid CS for him, but filed immediately with FRO for relief. It took three months for them to finally settle it (because my ex refused to talk to them) but in the end they informed her that my next payment would be minus the overage I paid, so in effect I paid almost zero (I have 3 kids) for CS, and paid the regular SS.
I'm just wondering, is there a legal age when a child can decide either where he/she wants to live?

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Old 04-11-2014, 10:03 AM
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I'm just wondering, is there a legal age when a child can decide either where he/she wants to live?

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In my case it was easy, he was 19.

In trials over custody, 14 is the age where the child's wishes will be listened to very carefully, but even before that the child's wishes can be a factor.
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Old 04-11-2014, 10:10 AM
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In my case it was easy, he was 19.

In trials over custody, 14 is the age where the child's wishes will be listened to very carefully, but even before that the child's wishes can be a factor.
What about after trials, let's say one parent gets sole custody and then after years one child decides that he/she doesn't want to live anymore with CP, what's the age they're allowed to make such decision, 14 or lower?

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Old 04-11-2014, 10:15 AM
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What about after trials, let's say one parent gets sole custody and then after years one child decides that he/she doesn't want to live anymore with CP, what's the age they're allowed to make such decision, 14 or lower?

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After a trial or a signed separation agreement, unless the agreement or order has a provision, you would need to amend the order/agreement. If you didn't have consent and needed to take it to trial to trial, at 14 the judge would strongly consider the wishes of the child.

You may want to look at some cases to get a feel for what happens when they are under 14, it isn't a hard and fast rule then.
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