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When child support ends...

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  • When child support ends...

    I've seen this discussed here, and finally looked at my husband's separation agreement. It's dated 1997, and divorce in 2007 didn't not any changes.

    "The Applicant shall pay support for the children as follows: the sum of $100.00 per week directly to the Respondent." There has been a yearly increase (cost of living) every year, and it is now about $130.00 per week. There was also a statement for spousal support involving paying mortgage and bills for 2 years. The spousal support had a specific end date.

    A little background... There are 2 children. In 2000 the older child came to live with us. He did not vary the support. The older child moved out 3 years ago, bought a home, and is now 24. The younger child is 16 and still lives with her mother. Any paperwork we have ever received from FRO has only the younger child's name on it (weird). Maybe that explains why the support didn't go DOWN when the older child reached a certain age.

    So, with nothing specific in the support order, I will venture a guess that child support will end:

    a) when the child finishes school (post secondary included)
    b) when the child moves out of her mother's home
    c) if the child moves in with us

    In any of those scenarios, the mother is NOT going to call FRO and say that the child is no longer living with her or no longer attending school. So, do we have to prove it? Do we contact FRO ourselves, and continue to pay until FRO decides it should end?

    I don't expect this child to continue schooling beyond high school, but I'm hopeful. I also won't be surprised if she decides to live with us.

    My husband hasn't worked for almost 2 years now, but I continue to pay the child support (she needs it). But if she comes to live with us, well, I just can't imagine covering all costs plus support. Or, if she moves into her own place (like before she's 18) we want to be able to direct the support payments to her.

  • #2
    The FRO will not change anything until ordered by the court or on the joint consent of the parties. If your husband's ex won't agree, he will have to go back to court.


    • #3
      Not sure if your support order was meant to be the table amount at the time? In any case, CS is determined by the payor's income level, and there is an increase with number of children but it is not actually that much difference.

      The cost of going to court to get an order to change it would probably not be worth the difference.

      If the child graduates from post secondary, or moves out at 18, she would have a really hard time justifying not telling the FRO, and you could do something like take her to small claims court.

      If the child comes to live with you, then you should really get a court order so that the child's new residence is on file and she should really be paying you child support.


      • #4
        Thanks. We aren't looking to change the amount. For the first year he paid all the bills and gave her $100 cash. She was constantly trying to get he cash early, or phoning before he even got home from work on payday. He then pursued the separation agreement, hoping to connect with FRO and not have to deal with her any more. Best decision he ever made.

        The agreement stated he'd pay the bills for about a year and a half as spousal. There was a bank loan and some credit card debt he assumed as part of that. The $100 week for CS was above the table amount for his income.

        When the time comes, there will never be any joint consent. Filing a new order with the court should be easy enough. But I've read nightmare stories about getting FRO to stop payments.


        Oh, but... a few years ago when he was working, his ex called to say she hadn't received her last 2 CS payments. He checked with his HR rep, and they said they got a letter from FRO that said to stop payments. We never did figure out why. The youngest was 8 then. Go figure.


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