Turning 18 and has a Trust Fund: Support Q.

[We3]

Son is turning 18 soon and has a trust fund in excess of 100K. I pay CS every month, according to guidelines but financially life is hard. I filed bankruptcy last year and live in a rental, can't afford to buy a new house, have two small children and 'new' wife who stays at home with the kids.

My question: can we get an order to stop CS payments once my son's trust fund has been released to him. He had more money than I do! So does his mother, in fact she's currently suing her 5th husband for divorce, child support (for our kid) and spousal. Good God, how much money can one woman get? Must be nice to be able to afford lawyers, cause I sure as hell can't.

Anyone? I can prove that he's getting the trust fund. A bulk amount too! If he has the blatant wherewithall to support himself, pay his school and then some, without being financially dependant on his mom or I, will the courts recognize that? I mean, it's not like I don't want to support him, but come on, let's be realistic, he'll be in possession of more money than I make in a year...while yes I think parents should help thier kids - and I have no prob. paying for support right now, paying beyond his trust date seems excessive.

Help....btw, I can't afford a lawyer, so I'm not even sure what I'd do anyway...and the ex is viscious....

[FL_Needs_To_Change]

Originally Posted by We3

Son is turning 18 soon and has a trust fund in excess of 100K. I pay CS every month, according to guidelines but financially life is hard.
My question: can we get an order to stop CS payments once my son's trust fund has been released to him.
Anyone? If he has the blatant wherewithall to support himself, pay his school and then some, without being financially dependant on his mom or I, will the courts recognize that? I mean, it's not like I don't want to support him, but come on, let's be realistic, he'll be in possession of more money than I make in a year...while yes I think parents should help thier kids - and I have no prob. paying for support right now, paying beyond his trust date seems excessive.

There are specific rules surrounding adult children (children that have reached the age of majority.) Since he has reached 18, (age of majority) in Ontario) and if he is able to support himself and has withdrawn from the support of the custodial parent, then yes, you could seek to have CS terminated due to the change in circumstances fro the son.

Because it would be a motion to vary CS based on a material change, then it is not a complicated issue to take to court without a lawyer. Other issues that have interpretive perspective can get ugly and complicated thus requiring a lawyer to ensure proper representation, but I don’t think so in monetary issues like CS where the rules are quite clear.
You'd have to show he is indeed able to be self supportive, and has withdrawn from the care of the parent, etc.
The judge looks at the evidence you provide, and makes a ruling.

It would also benefit if you could find case law similar to your claim to help support a ruling in your favour.

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