Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-01-2016, 09:01 PM
Junior Member
 
Join Date: Dec 2012
Location: London ONT
Posts: 15
turboty is on a distinguished road
Default 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.
Reply With Quote
  #2 (permalink)  
Old 11-01-2016, 10:43 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,146
Links17 is on a distinguished road
Default

You file right away.
Reply With Quote
  #3 (permalink)  
Old 11-02-2016, 12:14 AM
Senior Member
 
Join Date: May 2012
Location: Bc
Posts: 225
undersc0re is on a distinguished road
Default

Quote:
Originally Posted by turboty View Post
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.
Reply With Quote
  #4 (permalink)  
Old 11-02-2016, 10:27 AM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

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.
Reply With Quote
  #5 (permalink)  
Old 11-02-2016, 11:25 AM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,342
Janus will become famous soon enough
Default

Quote:
Originally Posted by stripes View Post
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.
Reply With Quote
  #6 (permalink)  
Old 11-02-2016, 11:37 AM
Senior Member
 
Join Date: Mar 2014
Posts: 3,012
rockscan will become famous soon enough
Default

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.
Reply With Quote
  #7 (permalink)  
Old 11-02-2016, 12:16 PM
Rioe's Avatar
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,248
Rioe will become famous soon enough
Default

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.
Reply With Quote
  #8 (permalink)  
Old 11-02-2016, 04:38 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

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.
Reply With Quote
  #9 (permalink)  
Old 11-02-2016, 05:59 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,049
Berner_Faith will become famous soon enough
Default

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.
Reply With Quote
  #10 (permalink)  
Old 11-02-2016, 06:02 PM
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

^^^^ 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.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
When the Divorce Act doesn’t apply oh2be_free Parenting Issues 12 08-08-2013 07:46 AM
Child support payor with no knowledge of child Exquizique Divorce & Family Law 29 06-18-2012 09:14 AM
Child support change - child has moved in with other parent Fam Law Divorce & Family Law 4 03-09-2012 01:24 PM
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 11:55 AM
Many questions hurt1 Common Law Issues 34 01-17-2007 11:28 PM


All times are GMT -4. The time now is 08:54 AM.