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  • first court date question

    background: separated 2007 support all paid up and agreeable [goes thru FRO now at ex's request]
    16 yr old daughter moved in june of this year due to an inhospitable homelife with her mom, has changed schools, integrated in our home and community.
    I was originally going ot do a motion to vary support but as custody has never been addressed by the courts i am commencing a new court order for custody of my elder daughter, and will address support based on this.
    question: the first meeting is just to go over paperwork and set up the case conference date - can i address custody on this date so that FRO can begin to change the support amount - the double payments are causing severe hardship for my wife and i while my ex just cashes the cheques
    can i expect anything to be addressed in this first meeting over such a cut and dried issue?

  • #2
    I would do the following:

    Complete and submit a "Notice to End Support"

    Ontario Central Forms Repository - Form Identification

    Have your daughter swear an affidavit indicating when she moved in with you full time and attach it to the form. Send your ex an email and try to get her to respond confirming when your daughter moved in with you. Print that out and attach it as well.

    ALSO (in anticipation that the above will be refused by the FRO)

    Request to your ex in writing (via email or R3 letter) to complete a Notice of Withdrawal pending the outcome of the court motion.

    Ontario Central Forms Repository - Form Identification

    This at least sets a date where you believe support should have been terminated. When you go to court and have the existing arrangements ratified as the new order, you request:

    1. That your ex be required to pay YOU support based on the new arrangements.

    2. That the amount of X (where X = the amount of support you have overpaid) be ordered as arrears owing. (if it's in the court order as support arrears, you can have FRO enforce it)

    3. For costs. You should not have to go to court over a cut and dried issue like this.

    Also, have you filed for the CCTB? If not, do so immediately.

    Comment


    • #3
      have to clarify something

      there are 2 children in play here - the 16 yr old now lives with me and the 13 yr old remains with her mom [for now] and as i GROSS more money a year [net is of course a different story] there will be a smaller support payment going to the ex
      [dropping from 1280 /mo to 444 /mo based on the accepted CS formula for this scenario [support for 1 child i would pay her, minus what she would pay me= monthly amt]
      what is CCTB? is that a form to be reimbursed court costs?

      Comment


      • #4
        Canada Child Tax Benefit

        Comment


        • #5
          i dont qualify for that due to income

          Comment


          • #6
            File anyway, if nothing else it puts additional constraints on your ex.

            Comment

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