Support Payments

[Saint2255]

My 19 year old son who currently resides with my ex-Wife, has recently had a "difference of opinion" with her and she has mandated that he live with me until April 6. He has been with me since March 20. April 6 came along and my current Wife and I advised my ex-Wife we could keep my son until April 9, it was no bother to us...he returned to his Mother's residence where he found the screen doors locked and a sign stating that he keep off the premises, so he has returned to my residence.

My question is this...I am paying my ex-Wife a court ordered monthly support payment. It just annoys me that I still have to pay my ex-Wife this monthly support when my son is living with me....I can use this money to purchase him clothing, food, pay bills while he is with me. If I fail to send the Family Responsibility Office in Toronto a cheque for my monthly amount, I am sure I will get "red flagged" as a non-payer. My ex-Wife will never pay me the monthly amount in lieu of my son being with me.......so is there anyone out there who can offer advice on what I should do ??

[god knows the truth]

you could take it back to court to get a new order and get the support rescinded.
If he is still in school and living with you full time she would have to pay suport to you. The money you are paying to her while he's with you would be reimbursed to you , or added on to her payments.

[Jenny]

Is this spousal support and child support or just child support? Makes a huge difference

[god knows the truth]

It sounds like child support, at least that's the way I interpreted it

[Saint2255]

Sorry...I failed to add that in my original message...yes, it is Child Support.

[Jenny]

Yeah why would you pay support to a non custodial parent? You just need to get that order changed - she will have to pay you.

[Saint2255]

I should add that I am looking for advice on whether I need to hire a Lawyer to have the court ordered Child Support payment to my ex-Wife rescinded...or is there another way I can do it without using a Lawyer ?

[Saint2255]

I should also mention that my Son was recently expelled from school because of absenteeism. He is working at a partime job now, but he is a few credits short of obtaining his Grade 12 Certificate. He tells me he intends to go to school in September to get the remaining credits. So if I do get the order changed, my ex-Wife in reality, seeing my son is not in school, would not be required to pay me Child Support..correct ? However, if my son does go to school in September, what happens then ?

[Grace]

If your son is only a few credits short, then he would be in school only part-time. And as he is over the age of 18, he may not be considered a child of the marriage, so no support is required.

You could get a court order that says child support is terminated, unless the child is in school full time, at which time it is payable again. Is there a possibility he may attend college?

It is always advisable to obtain legal advice, but many represent themselves in court on their own successfully. Your situation doesn't seem to complicated, you could try it on your own.

[Saint2255]

So if I was to represent myself, what are the procedures for doing this ? I have absolutely no idea on what is required or where to begin.

I guess if I do have to appear in front of a Judge to plead my case in having my child support payments to my ex-wife rescinded, it maybe a good idea to bring along my Son with me so he can validate my request ?