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

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Old 07-12-2006, 12:55 PM
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Default Child support if daughter moves out?

My husband has two daughters 20 and 16 years old that he pays child support for and his 16 year daughter decided to move out because she wasn't getting along with her Mother. It's been 3 months now and she is living with a girlfriend and her parents. The parents are now charging her $250 per month rent. The daughter is calling her Dad asking for him to help her with the rent. Dad explained that he can't help because he is already paying support to her Mom. My husband tried to call his ex wife but she refuses to return his calls. We also asked her to come live with us but she declined. (I think because we have rules in our house and she has too much freedom now)

My question is it right for the Mom to accept child support payments even if the daughter is not living there anymore? My husband would like to give his daughter the support payments himself.
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Old 07-12-2006, 02:12 PM
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Step Mama,

welcome to the forum,

If there a child support order in effect, the onus is on your husband to vary the order with the courts.

The child is no longer living with the custodial parent as the child has withdrawn from parental control. see the Family Law Act R.S.O. 1990 c. F. 3.

http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK34

section 31(1) and (2)

31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.

Idem

(2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control. R.S.O. 1990, c. F.3, s. 31 (2).


In essence no support is payable in such circumstance under Ontario Law. Most parents will do whatever they can to help their children and kudos to your husband for attempting to do such.

I think it is dishonest for the other parent to collect child support for the child when the child no longer lives in their residence. Moreover, I suspect she continues to collect the Child Tax Benefit and GST credits for the child as well.

lv
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Old 08-29-2006, 03:25 PM
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It's been 5 months since my husband's daughter moved out of her Mom's home and living with a friend and her family. He is still paying child support to the Mother and she is not helping the daughter at all. She asked her Mom for some of the money Dad gives her and she blatantly lies to her and says your Dad doesn't give me any money and when he does, his cheques bounce. He pays through the FRO so this is impossible. Anyway, we are fed up and going to see a lawyer. We are thinking of having the daughter sign some sort of affidavit stating when she left home and what her intentions are for the future. We thought this would help build our case because we are dealing with a perpetual liar!

Any suggestions of what to put in the affidavit or any other items to support our case?
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Old 08-29-2006, 09:03 PM
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Step Mama,

It appears on the face of it that you have no other alternative than to proceed through the courts by way of motion to vary to get the current child support amended. The first step to this is to schedule a case conference with applicable forms completed.

Suggestion to get the order amended.

State in your affidavit that you would like to pay the child support directly to the daughter to assist her with her living expenses. In essence child support ends when a child of 16 years of age has withdrawn from parental control, However, from what you have mentioned previously you appear to have a sincere intention to help this child.

Moreover, have the 16 year old child swear her own affidavit to support your forthcoming variance. The court would give this great weight. Don't forget the facts of why the child moved out and what efforts she has asked the mother for assistance and response received. I suspect the court will see the situation for what it is and what you have described.

I suspect the issue would be cleared up at the case conference before it proceeded to the motion.

Be sure to seek full costs for this motion to vary.

lv
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Old 08-30-2006, 03:58 PM
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Step Mama:
does your stepdaughter still attend highschool? we have a similar situation with my stepson who just moved out of his maternal grandparents home and in with his g.f and her 3 kids...we were thinking of giving the 17 year old the support cheques as long as he is enrolled in school to obtain his grade 12 but am not sure since he is no longer under parental control if he deserves to receive it..the mother has given no money to him at all in the past or will not give him any money now that he is out on his own...
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Old 08-31-2006, 12:08 PM
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Mikesgal:
Yes, she still attends high school and just started her grade 12. I agree with you that if she doesn't go to school then we would probably not give her the support either. We keep telling her how important it is for her to get a diploma. I'm just afraid that if she doesn't get some financial help to pay her rent, then she will have to work more hours at the grocery store and she will get discouraged and quit school.
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Old 08-31-2006, 02:12 PM
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stepmama, at least your step daughter is working, something my stepson has no ambition to do..he smokes cigarettes and drinks and can afford that though.
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Old 09-20-2006, 11:28 AM
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Default Dental/Drug coverage

Update: we went to the lawyers last week to start the motion to vary the current child support and we've requested that we will pay child support directly to the both daughters (16 and 20 year old). We asked the lawyer about the 16 year old doing her own affidavit but he said it wasn't legal under the age of 18 to do an affidavit. The lawyer said it wasn't necessary anyways because we have a good case (heh, we'll see about that, my husband never wins in family law!). The letter should be received by his ex later this week. (I know she won't even respond to letter, so we'll probably have to go to court).

I have a question regarding dental and medical expenses for the 16 year old. We are looking into getting her set-up with a Doctor and Dentist but just realized we can't claim her on our work medical insurance plan anymore because she doesn't live with us! Silly question, but I guess we will have to pay these expenses using the child support payment?
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Old 10-26-2006, 10:28 AM
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Hi Stepmama, I used to work at a dental office for 20 years, the only thing I can offer on this dental thing is I think that if your child is still enrolled in school they should still be eligible under your dental coverage..it is when they drop out of school they don't have any more coverage..look into this and see if this might still work out for you
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