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-   -   Child Support/custody and Moved in.. (http://www.ottawadivorce.com/forum/f5/child-support-custody-moved-20469/)

turboty 11-01-2016 09:01 PM

Child Support/custody and Moved in..
 
Hi,
Long story short my 16 year old son has moved in with me. I am the Payor of CS to the Mother....my daughter still lives with her. Am I to just continue to pay her the full monthly amount or does it change with circumstance. Also, she is using FRO and comes directly off my pay. Thoughts?!? Ideas?!?

Is there a waiting period for this? She has told the kids 6 months before I would get any money back. Should I expect her to offer some of the CS to me now.

I went through (still in) bankruptcy and live off $1600 a month...Rent is $720 plus hydro ....now son here full-time. My standard of living is far below hers.

Links17 11-01-2016 10:43 PM

You file right away.

undersc0re 11-02-2016 12:14 AM

Quote:

Originally Posted by turboty (Post 213455)
Hi,
Long story short my 16 year old son has moved in with me. I am the Payor of CS to the Mother....my daughter still lives with her. Am I to just continue to pay her the full monthly amount or does it change with circumstance. Also, she is using FRO and comes directly off my pay. Thoughts?!? Ideas?!?

Is there a waiting period for this? She has told the kids 6 months before I would get any money back. Should I expect her to offer some of the CS to me now.

I went through (still in) bankruptcy and live off $1600 a month...Rent is $720 plus hydro ....now son here full-time. My standard of living is far below hers.

In bc here I asked the family maintenance enforcement agency about that kind of a situation, they told me to let them know if there is any court action to do with the child support they are enforcing, they can access the records of any orders or pending applications and may suspend support payments. In my situation I am the reciever of payments.

You should file a motion with your court file number to change that it is definetly a change, talk to your fro case manager about the situation.

stripes 11-02-2016 10:27 AM

How long ago did your son move in with you? If it was only a month or two, I would hold off seeking any change in CS because the situation could be transitory (could go back to Mom), especially with teenagers who are notoriously back-and-forth). Where I live, the unofficial rule seems to be that if a change in residence lasts for six months, it's considered permanent and it's appropriate to change the CS arrangements.

You also don't want it to look like you are encouraging Kid to move in with you in order to reduce your payments - important to show that Kid is living with you for other reasons. If you wait a few months and don't hurry to file for a change, it's clear that you aren't bringing Kid to live with you for financial reasons.

Janus 11-02-2016 11:25 AM

Quote:

Originally Posted by stripes (Post 213461)
You also don't want it to look like you are encouraging Kid to move in with you in order to reduce your payments - important to show that Kid is living with you for other reasons. If you wait a few months and don't hurry to file for a change, it's clear that you aren't bringing Kid to live with you for financial reasons.

Why does it matter if you are getting kid to live with you for financial reasons? Offhand, I believe that most people who fight for more than 60% custody are doing it almost entirely for the money. If you are getting all the kids, then you can flat out bribe them and there is nothing wrong with that.

This is a case of split custody, not shared. I think the case law is pretty settled for split custody. This is where offset for one kid happens. No need to prove some moral high ground. So, some caution maybe because judges don't always follow the law, but not too much. I would get mom to sign forms to change CS pronto, and if she doesn't I would motion immediately. By the time the motion is heard the six months will have passed, and any money that is paid before you start the motion you won't be recovering.

rockscan 11-02-2016 11:37 AM

Because its with FRO i would err on the side of updating. Or at least withdrawing since mom will need to pay dad. By having it come off his paycheque its not fair since he is incurring costs by having the kid there. As long as they agree a set amount of CS monthly and it will be paid, it can be worked out together. Even if kid goes back to mom, cs will be adjusted accordingly.

Rioe 11-02-2016 12:16 PM

I'd change the CS right away to the proper offset system for having one kid at each house. This is a 16-year-old boy we're talking about. That's a LOT of food to pay for when the money is still going to the other house.

stripes 11-02-2016 04:38 PM

still think it's relevant how long the kid has been living at Dad's house - if it's been a week or two, the situation could easily flip-flop and he could be back and Mom's, or moving between the two houses. This is a teenager we're talking about after all. If the kid has been there for months, it's more likely a permanent change.

Also not clear - whether the son used to do 50/50 and is now 100% living with Dad, or whether he used to be 100% with Mom and is now 100% with Dad. This makes a big different in terms of CS.

Berner_Faith 11-02-2016 05:59 PM

I would start the process now to change the CS... if it is deducted off the OP's cheque, they are going to need a new court order... Mom obviously isn't agreeing to this change so he would need court. At 16 the kid can decide where to live, so I don't think the whole waiting period is necessary because if he says he wants to live with Dad full time, a Judge won't rule otherwise. The process will take some time, so start it now and by the time the end comes, it will be a longer time frame.

stripes 11-02-2016 06:02 PM

^^^^ Good point which I missed - if CS is being collected by a third party agency like FRO, by the time any changes get made, enough time will have passed that it will be clear whether Kid is staying permanently at Dad's or not. For some reason I was thinking the OP was paying CS directly to Mom.


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