Settlement Conference coming up but child wants to move in with father

[Fam Law]

Needed some expert advice from this forum. We are going to court in March. The Final Order was completed in Feb. 2011, which stated that my husband has joint custody with primary residence being the mother. The court date for March is a separate issue in that the mother is seeking retro child support prior to the Final Order which we feel confident that she will not recieve since that was all worked out in the Final Order. The new issue that has since arisen is that the daughter (who will be 17 by the time the trial date is set) wants to move in with us now (the father and me - step mom). In fact the daughter will be moving out next month (Feb) with her boyfriend. Then in June will be moving in with us (because of distance and finishing out her school year).

My question is, by the time we go to court for the Settlement conference the living arrangements for the daughter will be changed. The settlement conference has nothing to do with the living arrangements, so this is a seperate issue. Should we file a new motion to change child support? We currently pay CS through FRO. What action should we take?

I am new to this forum and am intrigued by the expertise of those that provide input. So I may have left out some information that is needed to give insightful input, please let me know, please ask questions.

We thank you for any advise. Both parties are self rep.

[wretchedotis]

You have to wait unti the change occurs, and then file and serve.

No judge will rule on what "might" happen in the future.

[Berner_Faith]

Agreed...until school is done there is not much you can do...however, since you are with FRO and the daughter has moved out of the mother's house (in Feb), when this happens you can then notify FRO of the change...use this form http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/006-FRO-031E~2/$File/FRO-031E.pdf

That will end your support through FRO, although CS would then be paid to you, for this would need a court order to file through FRO again...

The first step would be to cease support through FRO to your ex as once she moves out she is no longer considered a child...I would pay the support to your daughter directly...

Then once she moved in with you, seek CS

[Fam Law]

That's exactly what I will do. I will print the form from the link that you provided and act on that immediately. Thanks so much. I'll follow up as events unfold.

Much appreciated.

[NBDad]

Slight modification to the process.

Search for other posts from me, and you should find a couple that lay it out. In a nutshell you need to do:

Notice to withdraw (sent to the ex) to see if she will voluntarily agree to withdraw from FRO enforcement

If ignored/or rejected...go to Notice to End (as per the previous poster)

If THAT fails....file a motion through the court to terminate support payments made BY you, for CS to be paid TO you...and for retro active amounts (ie. Overpayments) to be returned.

[Fam Law]

OK so our first move is to have the ex volunarily withdraw. Is there a form?
Also if we submit the application to end, does FRO require a court order to proceed with the application to end CS?

Currently we submit the funds electronically every month to FRO, they do not garnish wages. So we would therefore just stop payment to FRO in March. We would most likely be in arrears if the ex doesn't cooperate, but then that would all get worked out in court.

[Berner_Faith]

NB dad is correct...I forgot the first part... this is the form you would need... http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/006-FRO-006E~2/$File/FRO-006E.pdf...send it to the ex all filled out, only requiring her signature... send it so that she needs to sign before she can receive the package.

[Fam Law]

Thank you for the link and thank you NBDad, I have read your previous posts on this and have a plan to follow. Quite a relief for now.

Again I appreciate very much the advice that you are all providing. I'll let you know how it goes.