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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-12-2011, 08:37 AM
Coop Coop is offline
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Default Daughter wants to stay with me now...Motion/FRO Question

I currently pay CS for two children. My daughter who has gone away for university is being short changed by her mother and wants to live with me so I can better manage her living costs.

So I plan to file a Motion to Change (right?) for CS adjustment. I believe this would go to Case Conference where I could get a temporary order to file with FRO so my daughter has proper support immediately.

Questions:
- How long would it take (filing to temp support order to FRO adjustment)?
- Is my logic sound?

Thanks
Coop
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Old 10-12-2011, 09:10 AM
HammerDad HammerDad is offline
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I would think you would need to file a motion to change custody and in that motion also request the CS adjustment. I can't see how you would be able to adjust CS without first obtaining custody. Once the judge makes a ruling, you then file the ruling with FRO......but don't expect them to react all that quickly....
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Old 10-12-2011, 09:18 AM
Mess Mess is offline
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Custody and access are two separate things. The mother can retain legal custody (decision making) which means little the daughter's current age (she will make her own decisions regarding school, religion, medical issues). Where she lives is also her decision, but is a question of "access" as defined under Ontario law.

Please note, you do not have a case conference for a motion hearing. You just go to the motion. It should be over in one day. It would not be a temp order, it would be a final order adjusting the current order.

I would say that you need to adjust the CS order on the basis of the child's residence, period. Custody need not be mentioned.

CS payments are according to income and percentage of residency with either parent. Either parent can have custody or both jointly, it has no impact on CS payments.
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Old 10-12-2011, 09:59 AM
staysingle staysingle is offline
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A few questions:

a) What are the ages of your two children
b) Are both children in university?/ is your one daughter away for the school year?
c)
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Old 10-12-2011, 04:17 PM
dinkyface dinkyface is offline
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Just curious, but is your daughter expecting that all of the CS $ will go into her pocket? She should realise that some of it will go towards YOUR (or YOUR EX's) housing (i.e. bigger house -> bigger mortgage/rent/insurance/tax/heating), and possibly a bit towards transportation costs (i.e. a bit more car wear and tear and gas) and food for the short times when she will return home. Other than that, the remainder can go directly to her for her clothes, entertainment, food, transport etc. when she is away.
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Old 10-12-2011, 09:39 PM
Coop Coop is offline
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HammerDad: Thanks

Mess: understood. Percentage of residency and expected dependency will be used

staysingle: a) 20 and 17 b) only older is away for school and she is doing so in defience against her mother. now mother is punishing her by keeping a "work to rule" attitude and I guess pocketing the remainder of the $2300/month

dinkyface: she is aware that I want to keeping a nominal amount for maintaining housing/food outside of school months. my goal is to have my daughter "learn to live" while in school. the funds would be budgeted and her responsibility to pay for ALL of her bills ON TIME. Mother doesn't believe in teaching such things. She sets up the kids to fail so that she can rescue and be the hero.

Thanks
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