Announcement

Collapse
No announcement yet.

moving and child support

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • moving and child support

    My ex is moving with her boyfriend and my son (12 years old) about 75km away and due to this our schedule will be changing. She is willing to drop $40 off the support payment but since I have always done the driving and she does not have a license (she says they will meet half way sometimes because he drives).

    I have a job the weekends I do not have my son and not sure I will be able to keep it. Also, this will increase my gas and wear and tear on my car. Also, It will be more difficult for me to be part of weeknight activities.

    The only thing our divorce settlement says about moving distance is in within 50km we have to give 30 days notice.

    I want to be fair and I do not mind paying my share but I have done everything ask of me and I do not feel I have received the same respect as his father. I just want top know my rights and to be able to do what is best for my son.

  • #2
    The 30 days notice is to allow you file a motion to stop the child from being moved. If you don't agree with it, then file a motion and apply for the child to move in with you and offer her the same arrangement she offered you. If she feels it is a fair offer for you to accept, she will surely have no issue accepting it herself.

    Comment


    • #3
      What is the reason for them moving?

      If she has full custody of your son and is moving for a good reason - for example, gainful employment, better schooling, etc - then there may not be much you can do besides learn to live with the new arrangements.

      If the move is precipitated by a desire for her to be farther from you, or for other frivolous reasons that provide no benefit to her or your son while simultaneously hurting the bond between father and son, you would have grounds to bring an emergency motion to stop her from moving.

      As a middle ground, perhaps talk about re-negotiating the access arrangements if you can find a better schedule? Or, since she is the one moving, ask her if she will credit your driving expenses against child support - so that it will cost you a bit more in time but you won't be blocked from having a good relationship with your son because of money.

      Comment

      Our Divorce Forums
      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
      Working...
      X