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  • Child Support

    My ex and I both lived in the US. We did our separation agreement and divorce there. She has since moved back to Ontario. In our agreement we agreed that CS will stop at 18 or when high school is completed. She is now being told that she can get CS up to age 22.

    I am wondering is our separation agreement valid since she originally agreed to 18. The ex is planning on sending me a change to our agreement to sign.

    I plan on helping my child regardless but not sure whether the ex can just try sending me a change because she want to have the money to continue her lifestyle.


  • #2
    The way I see it if you already agreed to and terms are spelled out then she doesn't have a leg to stand on. If she did then she would not need you to sign a piece of paper saying that you agree to the change.

    Just let your child know that you are willing to help him/her and to what extent.


    • #3
      Since the Supreme Court decision on marriage agreements
      Supreme Court of Canada - Decisions - Hartshorne v. Hartshorne prenups, marriage and seperation agreements are strong if both parties have legal representation. This was a landmark case that sets the stage for all marriage agreements



      • #4
        The onus is on the requesting parent to show that CS should continue past a certain age for adult children.

        The agreement is valid, however, she can make a request if there is a material change for the involved children.

        She would have to fist exhaust all other avenues of financial assistance for the adult child including full or part time work on the part of the child to contribute to their own costs. (including federal funding, loans, grants, scholarship, bursaries etc.)

        I would remain focused, and play things as they come.
        Do not sign any change in the agreement. Perhaps some legal advise may help you understand the significance of the agreement and your obligations beyond it.


        • #5
          Thanks for the responses. I do realize that anything can be taken back to court to try and have them changed. The ex sometimes does not think rationally and is just seeing the cash cow ending. I am just trying to avoid something very costly (lawyers, courts,etc) I am planning on still helping my child out as much as possible. If she decides to stay at home while going to school, she can make an agreement with the ex for staying there. Just trying to cover my bases until I see something from the ex. Thanks again


          • #6
            Needing Info

            I am not to knowledgable when it comes to the rules of child support. Basically my boyfriend and his money sucking selfish ex wife split almost 7 years ago. I met him shortly after and are still together.
            When she found out about me she ran crying to the lawyers office to file for divorce, custody and child support.
            She at the time lived at home with mommy and daddy. From what she told the lawyer and based on the information they calculated that my boyfriend was to pay 707.00 per month. He did not fight it, just to avoid problems. Don't ask why.
            Anyways the situation now is the boyfriend makes approx 50k a year she makes double. We just found out that she is getting married in Dec 2009. I have been on the boyfriends ass to go see a lawyer and get this changed. Her life is all fine and dandy, she bought a house 2 yrs ago is selling it now and buying in another city with the new guy which she will be making about 50k on the house when she sells. According to the agreement his daughter is suppose to visit every other weekend from Saturday morning and stay till Sunday at about 7pm. But she has not slept over in about 2 yrs and he sees her about 8hrs a month.
            I know he for sure needs to see a lawyer, would anyone know if when she gets married her household income will increase quite a bit will this make a difference in regards to my boyfriend paying less, do they look at her making double than what he does?
            It has been nothing but hell the last 6 yrs. It is pretty bad when over half of one of your pay cheques goes to child support.

            Any advice would be great


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