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Which form(s) to fill out regarding ending child support

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  • Which form(s) to fill out regarding ending child support

    All,

    I have 2 procedural questions about terminating child support for 2 of my 3 children.

    I have been paying c/s for the last 10 years and have never missed a payment.

    The first one is very simple and straightforward. My 21 year old university graduated daughter is working and both agree that she is no longer a child of the marriage and that c/s should terminate. Form 15D, both sign/witness, submit to court, very easy?

    The issue is with my 2nd daughter (18 years old) who began living with me full time on July 1st, 2018.
    She has changed her principle residence to my address and plans on staying with my when not attending university that she started this fall.

    I have tried to be amicable with my former spouse regarding c/s ending for 2nd daughter as well as she is no longer living with her mother, but she will not respond to my emails.

    I would like some advice on how to proceed? Would I fill out one form 15D (based on consent for daughter 1 which was agreed upon) and then the following forms based on not hearing anything back and assuming no consent.
    • Form 15: Motion to Change
    • Form 15A: Change Information Form
    • Form 13 or Form 13.1: Financial Statement (if required)
    • blank Form 15B: Response to Motion to Change and
    • blank Form 15C: Consent Motion to Change.

    I would like to address both issues but not sure if it can be done with one set of forms or if it requires both sets of forms?

    We have a court order and it needs to be change to reflect the material change in circumstance and also the updated child support guideline increase.

    Additionally, not sure if the offset would be for the 4 months child 2 is with me when not attending university. i.e. should it be factored for 4 months and then calculated over a 12 month period.

    Any insight/advice would be greatly appreciated.

  • #2
    If you both agree to stop child support but only for one child I would simply do the motion to change and when you outline the three kids (the respondent and I have three children, one born date aged 21; two born date aged 18; three born date aged x.) you would then put down the respondent and I agree child support for one ended on date. Then the next bullet would be about kid two living with you as of date and attending school on date but living with you for the months of may to august.

    I wouldnt calculate cs for july and august this year (if she is at school now) as most cases they give a six month window in case the child changes their mind.

    Comment


    • #3
      Thank-you rockscan. Just to confirm. I would only fill out form 15 - "motion to change" and then serve it to my ex?

      Yes, I was not interested in receiving c/s support from the ex for child 2 for July or August, I just didn't want to pay her any c/s as she is now living with me.

      I'm basically looking to only be paying c/s for the youngest child.

      Assuming child 2 stays with me next May when university is finished, would I then look for c/s or an offset from my ex for the months child 2 is living with me and on break from university?

      Thanks

      Comment


      • #4
        rockscan, can you tell me which point on form 15 I would put the description you described in your first response.

        Thanks

        Comment


        • #5
          Youre going to do a 15 and 15A as well as a 13 financial statement. The forms are straightforward in the questions. You request termination of child support etc.

          If you choose to do an affidavit, you would outline the facts and attach it.

          Comment


          • #6
            Ok, thank-you rockscan for the clarification.

            In addition to ending c/s for 2 of the 3 children. I also need to adjust the amount of life insurance I carry as I no longer pay s/s (ended August 31, 2018 as specified in the existing order) and will be paying c/s for only 1 child.

            The last change I would like to request is the proportionate share of s7 expenses going forward as my ex has completed a nursing program and is gainfully employed in that field. I cannot specify an amount as I have not been provided with any financial disclosure in spite my requests.
            The current ratio is me paying 80% and her paying 20%.

            It's unfortunate she is not co-operating and I feel I have no other recourse but to file a motion to receive the information I requested and get the order changed.

            Comment

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