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Material Change In Circumstance?

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  • Material Change In Circumstance?

    Hi all, wonderful information posted by all within these forums.

    My question pertains to material change of circumstance.

    My situation in a nutshell:
    Daughter will be 16 in December
    Mother and myself separated when daughter was 1
    Mother and I are amicable and always had a great relationship
    50% custody week on/week off for 10+ years
    I pay the offset table amount for CS
    Daughters mother has been in common law relationship for 14 ish years, they are still together
    I was married and now divorced to another woman. She has no obligation, responsibility or relationship with my daughter
    Daughter had 2 loving households and 4 loving parents throughout her life

    Recently, since September, my daughter has chosen not come to my place during my weeks. It’s like pulling teeth to have her in my place. I still live in the home that was our home when I was married. My ex (her “stepmom”) has been gone for 2 years, it’s just me in the house. Long story short, she has come out and basically said she does not like being at my place. She doesn’t like the memories of my ex, she says there’s negative energy in every room and gets depressed here, even though my ex has been gone for 2 years. She has also mentioned she is not happy being away from her mom and friends. We only live 13 kms away. Her mom and I are exactly the same distance away from her school. But yes, her friends reside close to her mom and not me. I would never keep her from her friends and would always drive if required, if she didn’t want to bus to her friends etc.

    So as for my question. If my daughter continues to choose not to be with me based on the above and continues staying with her mom, would this be considered a material change in circumstance, where I would be then have to pay the full table amount for child support? And if yes, when/how long would it be before it could be considered a change in material circumstance.

    For the record, I contact my daughter every day, just to wish her a good day etc. I have suggested therapy for her and or us. I just want my daughter back in my home with me during our time, but she is refusing to come here based on the above.

    Any thoughts or opinions, would be greatly appreciated.

    Thanks in advance!

  • #2
    You would effectively start paying full-table when she starts saying full time at her mothers. If you are on good terms with the mother, maybe she will agree to creative arrangements. For example, the additional dollars are put into an RESP for her university costs etc. Sounds like she wants to be around her friends and school as she is growing up. Your relationship is the most important part here - not necessarily where she lives on that. ....also when you calculate full table, the mom's income doesn't come into play.


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