CS question regarding 2nd daughter now living with me...

[bake]

I have a question regarding how to handle a situation where my 2nd daughter is now living with me. She is 18 years old and began living with me in the middle of June of this year. She has informed her Mother that she is living with me and has changed her drivers license and school records (going to university in September) of her new address.

I'm currently with the FRO and have been paying CS for her to her Mother for the duration while she has been living with me. Her intention is to stay with me when she is not at university, (she will be in residence during the school year)

Her Mother refuses to give my daughter her passport and health card.

Should I send her an e-mail first to see if she is agreeable with CS ending for this daughter? I also have a 3rd daughter (14) who is staying with her Mother on a 70/30 basis. I believe it should now be a situation where we have an offset in terms of CS support as one daughter is with me most of the time and the youngest is still with her Mother as set out in the original court order from 10 years ago.

Any advice would be greatly appreciated.

[rockscan]

CS for the child at school is only payable for four mpnths so your offset wont be much.

I wouldnt go after the June to August because she just decided. Your ex is probably difficult which will make this complicated.

You will need to file a motion to change support for all three kids. To stop for the 21yo, to stop for the 18yo with cs calculated for the four months and to set it out for kid 3.

[bake]

Rockscan,

Again, thank-you very much for your quick response. I was hoping that would be the case. I will start the e-mail/paper work immediately.

Thanks again

[arabian]

Rockscan,

Again, thank-you very much for your quick response. I was hoping that would be the case. I will start the e-mail/paper work immediately.

Thanks again

You might want to keep in mind that technically the government owns the passport. Your daughter can go to Passport Canada and get a new one. Will be interesting to know what your daughter is told from Passport Canada (please let us know).

Same with health card. She can go to an Ontario (?) provincial government office and get a new one.

[denbigh]

I dont know for sure, but I would think since she is 18 she should just be able to apply for a new passport and health care. I am also interested what they would say, and if you just apply for new ones, or report the old one as lost and then apply for new ones?

[bake]

Thanks for the reply.
Hopefully this does not end up in court, but I have to believe that any reasonable judge would not look to favorably at her Mother withholding her health card and passport for no apparent reason. Can't see how this is in the best interest of our daughter...

[bake]

Hello rockscan,

Ex has agreed that oldest child (21) is no longer a child of the marriage and that she will consent to ending child support. I have contacted the FRO to let them know and filled out an application to discontinue enforcement of ongoing support. I understand I will still need to have the order changed to reflect this.
Haven't heard back from the FRO yet...

Regarding 2nd child (18 year old, now living with me since the end of June 2018, now off to university) Ex will not consent to stopping child support for her even though she has changed her address to my house and lives with me when not attending school. Should I file a form 15 motion to change no consent? Completely unreasonable to expect to receive child support when my daughter now lives with me. In addition, I moved her into her residence and have paid all the expenses related to her tuition/residence/books/meal plan/etc.
I have kept track of all the expenses and will look for a proportionate contribution based on court order.

Thanks in advance

[rockscan]

If the child is not living with a parent then they are not entitled to child support. If she is living with you then you would be entitled to child support for the months she is living there.

If you ex doesnt agree with cs then yes you will need to file a motion to change the order to set up the child support. That is a 15 (A I think?) and you will need to outline the dates the child began residing with you, details on her living situation and her school costs as well.

You should start by advising your ex that in accordance with the guidelines and commonly held court decisions, child support is paid for the months she is living at home with a portion of the expenses for her residence shared proportionate to income. May want to outline those costs and that if they agree you can simply file a consent motion to change. If they refuse, you will be bringing a motion to change and will argue for costs.

[bake]

Thanks very much rockscan, much appreciated.

[blinkandimgone]

If the child is not living with a parent then they are not entitled to child support. If she is living with you then you would be entitled to child support for the months she is living there.

If you ex doesnt agree with cs then yes you will need to file a motion to change the order to set up the child support. That is a 15 (A I think?) and you will need to outline the dates the child began residing with you, details on her living situation and her school costs as well.

You should start by advising your ex that in accordance with the guidelines and commonly held court decisions, child support is paid for the months she is living at home with a portion of the expenses for her residence shared proportionate to income. May want to outline those costs and that if they agree you can simply file a consent motion to change. If they refuse, you will be bringing a motion to change and will argue for costs.

This is not always the case, although a common misconception. This link provides a good explanation...

http://sullivanlaw.ca/what-happens-t...to-university/

[rockscan]

This is not always the case, although a common misconception. This link provides a good explanation...



http://sullivanlaw.ca/what-happens-t...to-university/

I asked my partners lawyer about this and he explained the rarity and the reason for it. In almost all cases its ordered for the four months only and as an average over the year to be paid every month. In the cases where a minimum is paid monthly but full table is paid for four months, it is for instances where the payor has a significantly higher income or the recipient will suffer financial hardship. Lawyers write this in that manner to argue for cs to be paid but overall, the cases he sees and argues do not adhere to a cs amount outside the four months/average through the year.

In this case though, the child lives with the payor not the recipient so a home maintenance amount is not needed because the child doesnt love there anymore. As our lawyer would say, he is not responsible for her refusal to live within her means.

[Newfie76]

I love Canadian law...LOL

Another example where those within the industry continue to support this crap. Quote: The courts have recognized that this period will look a little different for every family, depending on individual circumstances, and have responded appropriately.

Law should be set by those we vote for....and there stands to be no law on this situation. No movement forward to change it either as the courts see it varied so much dependant on the situation? I would love to hear these situations?

There is no reason why this cant be simply put into a easy formula. Child in home: Parent gets Full CS; While Child is out of home for school Parent gets a percentage of full CS that is set within the law. No lawyers, no fighting, no debt, no drawn out battles. It is what it is fair.

[bake]

Totally agree with your position Newfie76...

Thanks