Daughter turns 18 and ex-wife cuts support

[GCC]

Hi

This might be another story of trust running out. I should have gone back to court and become the legal custodial parent. Not sure if it's too late???

When my ex-wife and I divorced 6 years ago we agreed to joint custody of our daughter. A short time after this my ex-wife moved away and our daughter remained with me. A verbal child support amount of $$$$ was agreed to and was paid with post dated cheques. The amount has remained the same. I had no problems with the support payments until this past spring. Our daughter turned 18 yrs in March and my ex-wife informed me that she was no longer obligated to pay support. She also informed me that she would not be assisting with any post secondary education costs for our daughter due to personal hardships. The last support payment was made in April. Even though I have more post dated cheques I was told not to cash them as the money was not the account. Our daughter graduated from High School in June. She may or may not attend post secondary in September. She is seriously thinking of taking a year off school as she is not certain what she wants to take. She may even attend a local college. She works part time at minimum wage and hopes to get more hours after the summer.

I now have concerns regarding post secondary costs.

Questions:

When does support cease in my case?

Even though my daughter is 18 is it too late to become the custodial parent? I would like to start with getting this changed.

[logicalvelocity]

GCC,

welcome to the forum

See this thread on a similar issue. Read the case law found at the links.

http://www.ottawadivorce.com/forum/f...mitations.html

lv

[GCC]

thanks

Ok...I retrieved the documentation at the Family Court Office to proceed with the custodial change. My ex-wife cannot deny that she paid support and our daughter lived with me. I've decided to attempt this change without a lawyer. At this stage it makes me sick to have to deal with this.

[logicalvelocity]

GCC,

as you mentioned

Our daughter turned 18 yrs in March and my ex-wife informed me that she was no longer obligated to pay support. She also informed me that she would not be assisting with any post secondary education costs for our daughter due to personal hardships. The last support payment was made in April. Even though I have more post dated cheques I was told not to cash them as the money was not the account. Our daughter graduated from High School in June. She may or may not attend post secondary in September. She is seriously thinking of taking a year off school as she is not certain what she wants to take. She may even attend a local college. She works part time at minimum wage and hopes to get more hours after the summer.

If your child is planing on attending post secondary education child support is generally paid obtained until the child has obtained their first post secondary degree or diploma. Moreover, postsecondary expense costs are generally shared on a prorated basis to each parents respective income. If your ex cannot afford same so to speak, they will have to qualify to this position by passing the undue hardship test found in the child support guidelines. If they are underemployed, a court can also input an income to them. A court will sometimes also take into consideration the child's earnings, grants, scholarships etc towards the education costs.

I suspect you will have no problem what so ever varying the custody regime as your child is an adult Dependant child and is basically free to choose where they want to live.


lv

[GCC]

Daughter 18/verbal agreement ceases

Daughter being 18 and having lived with me for the past 6 years...custodial parent issue should be a give me.

Ex-wife's hardship claim is very suspect. She makes more than I do. I know it costs more to live in the big city. However, where she lives and the style is her choice. I have been very reasonable in regards to her assisting with other expenses...it just wasn't worth the trouble. I'm sure she's banking on me ignoring this. It won't happen this time. I'm doing this for my daughter...however my ex-wife will claim I'm doing for myself.

The verbal agreement we have concerns me. Does this have any weight in court? I have the proof.

If my daughter takes a year off school...would this change support? I heard a rumour that judges are now considering students taking a year off school as grade 13 no longer exists. A lot of 18 year olds have no idea what they want to do and support continues. Has anyone heard this?

I just hope I'm not wasting my time.