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Old 04-17-2010, 07:27 AM
99bobster99 99bobster99 is offline
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Default "Child Definition" under the Divorce Act

I live in Milton Ontario, and have a question regarding the "legal" definition of a "child" under the Ontario Divorce Act and Family Support Act. I am hoping someone can clear this up for me, since I am getting mixed feedback.

Under the Acts, a "child" is defined as;

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Under the Divorce Act, a child is defined as a child of the marriage. A child of the marriage legally means the child of two spouses who at the material time:
  • is under the age of majority (under 18 in Ontario) and who has not withdrawn from their charge, or
  • is at the age of majority or older and under the charge of one of his or her parents but unable to by reason of illness, disability or other cause to withdraw from their charge or obtain the necessities of life.
Under the Family Law Act in Ontario, child support is limited to someone under the age of 18 or over the age of 18 and in a full time program of education.
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For the past 2 years my daughter, who is now 17, has been living with her grandparents (ex-wife's side of the family) and not with her custodial mother (who has re-married). During the prior years (before she got re-married) my ex-wife lived together with her parents and my daughter, as well.

Personally, I think this negates the first definition of a "child", doesn't it? Since the child has "withdrawn" from the custodial spouse's charge. Now that my ex-wife has remarried, she is living in another city and has left my daughter behind with her parents. My daughter's school records show her grandparents address as their contact address?

I am still making child support payments directly to her mother via the FRO, it seems wrong that the money is not going to my daughter? My ex-wife has started up another life, left our child behind and is still receiving my payments, doesn't this sound a little like "fraud"??

My question is, since my child is no longer under my ex-wifes "charge" what legal rights do I have in order to either redirect the payments to my daughter directly, or request to stop the support payments all together?