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I was sent the first draft of our separation agreement last night and I'm dumbfounded by what I'm reading. The child support is totally open ended with no time frame for when it should end. Following the terms set out I could end up paying for another 20 years. I've tried searching online for any guidelines that might state how this sort of thing should be handled but all I find is the guidelines for what the payments should be...and I have no problem with that part. Still can't afford a lawyer and I can't get anyof my money from the house till I sign this. I feel so stuck.
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The ending point is much too debatable if it isn't specified. You could modify the draft and send it back stating "as long as the child lives with that parent, is still attending school, etc..."
You never know when circumstances might change.
Strange thing happened with my husband and his ex. There were 2 children he paid support for, but the papers from FRO only named the youngest one specifically. When the youngest turned 8, FRO sent a letter to his employer saying she had reached the age of 18, and to stop deducting payments.
We corrected their error quickly, but it made me wonder if they would cut it off when she really does turn 18. -
How things are determined or more like should be is by the Family Law Act.
Family Law Act, R.S.O. 1990, c. F.3
Please read and in particular the section Section31(1)&(2).
Most agreements have conditions such as his did but if you think about it all these are doing is stating ways of the same thing (pts 3,4) The most important to include is #1 as the primary condition for termination of support.
1. The child turns 18.
2. Completes a Max 4 yrs consectutive post-secondary
3. Becomes self supportive. (ie working.)
4. The child marries.
5. The child dies.
6. The child ceases to be a child of the marriage.
# 6 is basically redudunant and in my point of view should not be there. But I am not a judge. My spouse was held in a default hearing for the last 6 years mainly over this last point. The judge clarified and ruled on this point on Dec3/08 He stated that child of the marriage means that this child was born to the parties named. In his opinion it had no other responsibility. I think the only thing that could end a condition like that would be if the father were proven that he was not the biological father.
The family Law act also states that at 16 it can end but that would have to be say if the child moved out and is supporting self or if the child applied and was emancipated.(extremely rare happening these days)
My advice is to have the draft rewritten to include the first 5 points.
Also have this section make reference to the section of the act I mentioned earlier.Comment
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It seems like point one should also say 'and not in school'Comment
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termination date
Point two would be looked at as a sceondary condition as the others. Under the law you only have to meet the first and then if the others are not happening like they are not in school you would be done. Now one other condition that one should be stickler about is that the amount of child support to be paid is broken down to read something like this $100 PER child. if for example it says $300 for all children it automatically turns it to a global Orderwhat the difference is you have to pay for all until the youngest turns 18. With a broken down amount you would be able to stop or get credit to as each child turns 18... See the difference a simple word can make.
One lawyer told us that they have done away with global orders about 12 years ago but there are some judges/lawyers that still use it.Part of what kept my spouse in court was a global order and FRO's failure to recognise the fact that his youngest turned 18 in 2002 and she did not go further in school as well at 19 had her own child. Go figure!Comment
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