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  • #16
    in the motion to change you need to request that the following be supplied. Recipients tax assesments, childs tax assesments birth certificate, and all school records. The recipient may be reluctant but you can use this against her in that if you cant produce the proof then it must not be happening. A Judge is going to want this and FRO will also tell you to get it. every one here will tell you to go into court with as much documentation as you can. every lawyer should be asking for this. My spouse was self reped asked for this in 2004 and during a conversation we had with the dir of FRO in 2009 she asked why didnt you ask for this with you motion to change? While we were on the phone with ther and the ombudsman we faxed the original court request and neither had anything to say Caught them with their pants down LOL So bottom line be perpared.

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    • #17
      Originally posted by AtALoss View Post
      Hi What,
      Please recap for me does your orifginal order specify at 18? That is what I think you said. Generally that is one of the first opportunities for it to terminate. Whether the order explains further but one of the next terminating events is enrollment in post secondary education. Generally if a child is in school a Judge will allowit to continue until graduates. the next issue to be dealt with is any income a child may have and this will be considered even if a parttime job/ summer earnings.

      on the court order there is no termination date. the fro told me that the last time they talked to the mother that the child was not living at home but the mother said she was giving the money she received to the child.

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      • #18
        Sorry for the hasty reply but wanted to let you know I saw yours and do intend to reply better.

        But in the mean time... some reading and food for thought. Your order is not specific and will then fall back on the Acts. Thought this a good oportunity to post these yet again.

        Family Law Act
        CanLII - Family Law Rules, O. Reg. 114/99

        Divorce Act
        CanLII - Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)

        Just a few other acts for curiosity sakeā€¦
        Justice Laws

        I would like to reply further but need to get some work out of the way first. TY

        Comment


        • #19
          Morning work is out of the way..TG

          Anyway, I posted the Acts again for reference for many. Both a good lawyer and Judge will govern themselves with these. Sure things get stretched but this is basically all concerned's rights in the acts. You have stated that there are no terminating criteria in your divorce orders. So now it falls to the court to determine this. A judge will basically fall back to the minimums of what is in the act. They are as follows for a child entitlement.... (BTW is honourable if true that this money is being turned over directly to the child but in no way is that a ststement that you should pay for the rest of your life)....
          a) child reaches 18yrs of age
          b) is the child in post secondary education
          c) is the child earning income (if so then a judge may allocate that as a partial or whole contribution, 5 g might be part and 30G would be considered self supportive with out a doubt) So at what level may be looked at
          d) Has the child withdrawn from parental control, are they living on thier own, with someone else, the other parent, are they married or commonlaw. Yah it happens that early.
          e) and lastly is that child in need of continuing support by vertue of say a disability. But a disability may not be the sole reason to continuewhat ability and means has this child been able to become self sufficient. Some completely and others not so much. That is an individual consideration and would be looked at by a reasonable Judge.
          Ive tried to answer this as generic as possible as I am sure that there will be many asking the same questions. Also tried to leave the parental arguements out of it as there always are those who attempt to fabricate or exagerate for the purpose to extend. now also hope that I am not offending any here with that comment as that was never intended. But feel that when push comes to shove a Judge is supposed to do what is fair and right by all.

          What do I think you should continue paying... no. If by what I posted for those points above you need to show the Court your evidence that you are done, that the entitlement has ended in your opinion. All the better if you can back it solidly with paper. That and staying true is what has enabled us to where we are now in my spouse's issues with FRO.
          Last edited by AtALoss; 04-04-2011, 12:43 PM.

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          • #20
            Originally posted by AtALoss View Post
            Morning work is out of the way..TG

            Anyway, I posted the Acts again for reference for many. Both a good lawyer and Judge will govern themselves with these. Sure things get stretched but this is basically all concerned's rights in the acts. You have stated that there are no terminating criteria in your divorce orders. So now it falls to the court to determine this. A judge will basically fall back to the minimums of what is in the act. They are as follows for a child entitlement.... (BTW is honourable if true that this money is being turned over directly to the child but in no way is that a ststement that you should pay for the rest of your life)....
            a) child reaches 18yrs of age
            b) is the child in post secondary education
            c) is the child earning income (if so then a judge may allocate that as a partial or whole contribution, 5 g might be part and 30G would be considered self supportive with out a doubt) So at what level may be looked at
            d) Has the child withdrawn from parental control, are they living on thier own, with someone else, the other parent, are they married or commonlaw. Yah it happens that early.
            e) and lastly is that child in need of continuing support by vertue of say a disability. But a disability may not be the sole reason to continuewhat ability and means has this child been able to become self sufficient. Some completely and others not so much. That is an individual consideration and would be looked at by a reasonable Judge.
            Ive tried to answer this as generic as possible as I am sure that there will be many asking the same questions. Also tried to leave the parental arguements out of it as there always are those who attempt to fabricate or exagerate for the purpose to extend. now also hope that I am not offending any here with that comment as that was never intended. But feel that when push comes to shove a Judge is supposed to do what is fair and right by all.

            What do I think you should continue paying... no. If by what I posted for those points above you need to show the Court your evidence that you are done, that the entitlement has ended in your opinion. All the better if you can back it solidly with paper. That and staying true is what has enabled us to where we are now in my spouse's issues with FRO.

            there was no divorce. i never lived with the mother. the child was in and out of the home with the mother sometimes she moved out sometimes she was kicked out it was back and forth like that. so the child could be living with the mother this week and kicked out next week. same with school the child was always in school getting suspeneded or expelled that back in. so i request in the motion for the recipient to prove tax assesments and school records and it turns out she is living with the mother this month and going to school this month, can i keep trying to change the motion every month ?

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            • #21
              Originally posted by "what" View Post
              there was no divorce. i never lived with the mother. the child was in and out of the home with the mother sometimes she moved out sometimes she was kicked out it was back and forth like that. so the child could be living with the mother this week and kicked out next week. same with school the child was always in school getting suspeneded or expelled that back in. so i request in the motion for the recipient to prove tax assesments and school records and it turns out she is living with the mother this month and going to school this month, can i keep trying to change the motion every month ?
              no of course not
              just trying to give you some info so that if you decide to you attempt to end it once and for all.

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              • #22
                ya good dad. you see your child is troubled and all you think about is stopping payment. children need a birth father in their life.

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                • #23
                  Just letting you know, you're responding to a thread that is more than 2 years old.

                  Comment

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