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  • Offer to settle due to change of circumstances

    Looking for some advice here.

    We went to trial last year....judgement came out in the fall. There was a change of circumstances since the judgement. My husbands daughter moved out of her home. We have been trying to negotiate with the ex. We suggested she continue to pay CS to her and she doesn't claim any section 7 (except university expenses) or we set up a fixed budget and we pay our share of that. She wants the CS PLUS costs for transportation (even though we disagree with the car expenses as she is living 5km from the school).

    Can we put together a formal offer before we file a motion to change?

  • #2
    Two adults can come to any sort of agreement they wish.

    I don't think a 'offer to settle' before filing for a motion to change will have any affect, however. At least not to your case. You can put forward as many offers as you like, at any time.

    Comment


    • #3
      Coop - have you done your research on the definition of a child of the marriage?

      Isn't this the daughter that removed herself voluntarily from her custodial home/parental control of both her mother and father? Not by going to school - but by moving out of her permanent residence at mother's house and not setting up residence at yours? Just checking.
      Start a discussion, not a fire. Post with kindness.

      Comment


      • #4
        Originally posted by mcdreamy View Post
        Coop - have you done your research on the definition of a child of the marriage?

        Isn't this the daughter that removed herself voluntarily from her custodial home/parental control of both her mother and father? Not by going to school - but by moving out of her permanent residence at mother's house and not setting up residence at yours? Just checking.
        That's correct. Though all of the research that I have done shows that a judge will probably say that she cannot support herself so she is still a child of the marriage.

        She voluntarily moved out but not to support herself. She is completely dependent on her parents to pay for her. Mom goes along with it because she doesn't want her home. (Plus we pay the largest share of her expenses) Moms husband moved out over a year ago (mom has hinted blame of the daughter for this) so we assume if the daughter is out then maybe step dad will consider coming back.

        We don't mind contributing. We just don't believe that mom should get CS for her plus additional monies.

        Comment


        • #5
          Well, I definitely agree you shouldn't be paying the ex cs - but I think you should be aware there is a likelihood that neither your house nor the ex should be paying.

          Check out the fla, 31 (2)
          31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2. Idem
          (2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control. R.S.O. 1990, c. F.3, s. 31 (2).


          Whether you continue to choose to pay cs directly to the dd, would appear to be at your discretion. The mother shouldn't be thinking she is required to go along with it either.

          I have a girlfriend whose 16 yr son left home, thinking he'd rely on his divorced parents to continue to pay support - he was in for a shock. He's on welfare, continues to stay in high school, and now has an evening job.

          Just something to look into.
          Start a discussion, not a fire. Post with kindness.

          Comment

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