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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 01-28-2019, 11:03 AM
sprdad sprdad is offline
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Default Kids Moved Back with me RE:Child Support

Hi guys just wondering if any of you can provide me with some direction; my kids 18/15 moved back with me and I've been paying to their mom child support despite they are living with me and she has not provided with anything to them.

Is there a way to change that? What do I need to do to get a judgment to stop paying child support
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Old 01-28-2019, 11:26 AM
Asphenaz Asphenaz is offline
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How long have they been living with you?

If your CS were court ordered, you need a new court order to change them. If it's a SA, then if you and the EX agree on the amendment in writing, then you submit it.

Is FRO involved? I would notify them ASAP.

Here are the Family Law - Steps to justice. Good site that helps understand the steps involved in changing custody.
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Old 01-28-2019, 11:32 AM
sprdad sprdad is offline
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Quote:
Originally Posted by Asphenaz View Post
How long have they been living with you?

If your CS were court ordered, you need a new court order to change them. If it's a SA, then if you and the EX agree on the amendment in writing, then you submit it.

Is FRO involved? I would notify them ASAP.

Here are the Family Law - Steps to justice. Good site that helps understand the steps involved in changing custody.

My oldest boy has been living with me for the last 3 years the youngest one (16) 3 months>

FRO is involved via garnish ..
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Old 01-28-2019, 11:53 AM
rockscan rockscan is offline
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You will need to file a motion to change child support. Mom could argue cs is not applicable for the 18 yo depending on their post secondary plans. Three months for the 16 yo is not that long but by the time you meet at a case conference it will be at least six months.

From there you will need to contact FRO and speak directly with a case worker. They may be able to hold cs but not stop it.

Is your ex unreasonable? Start with an offer to not seek retro support (and repayment) if she agrees to stop cs now and withdraw from FRO.
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Old 01-28-2019, 12:26 PM
sprdad sprdad is offline
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Quote:
Originally Posted by rockscan View Post
You will need to file a motion to change child support. Mom could argue cs is not applicable for the 18 yo depending on their post secondary plans. Three months for the 16 yo is not that long but by the time you meet at a case conference it will be at least six months.

From there you will need to contact FRO and speak directly with a case worker. They may be able to hold cs but not stop it.

Is your ex unreasonable? Start with an offer to not seek retro support (and repayment) if she agrees to stop cs now and withdraw from FRO.
I've already called FRO and I was unable to talk to my case contact, left a VM.

I found a form called "Application to discontinue enforcement of ongoing support (section 8.1 & 8.2) apparently this one could be sent directly to FRO

Also, I found 15A change of information Form....I think this is via court


On regards my ex, she is no reasonable in fact I've been paying tuition on my own she denied any sort of help
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Old 01-28-2019, 01:04 PM
rockscan rockscan is offline
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Yes you will beed the 15 motion to change.

Sending the form is not a fix all, they rely on your ex to agree. She can say no even with the form.

Call first thing at 8:30 and keep calling. They are notorious at not returning calls due to case loads.
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Old 01-28-2019, 01:34 PM
sprdad sprdad is offline
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Quote:
Originally Posted by rockscan View Post
Yes you will beed the 15 motion to change.

Sending the form is not a fix all, they rely on your ex to agree. She can say no even with the form.

Call first thing at 8:30 and keep calling. They are notorious at not returning calls due to case loads.
That from 15A needs to be filed at the family court right...
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