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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 01-17-2008, 07:13 PM
stoopid1 stoopid1 is offline
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Default child support question

Hello everyone,

I have a 18 year old son who will finish high school next week. He will not be attending post secondary school but instead plans on working. As I understand it, once a child's 18 and out of school child support is done. I've already paid $30 000.00 more than I should have for child support and he lives with me 50%.

My ex will never willingly agree to contact FRO and have them change my support from 3 kids to 2 kids so I'll need to go to court to try and have him removed. Can anyone tell me how to go about doing this. I can't afford a lawyer because of the ridiculous child support I pay and I was wondering if I could do this on my own and get duty councel at the court house and if so what forms would I need.

I'm really hoping my ex will agree to co-operate before court. Once she realizes that I've started a court proceeding she may then agree to do the right thing so she won't look bad in court.

thank you, stoop
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Old 01-17-2008, 08:44 PM
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littleman littleman is offline
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I dont believe you have to return to court. You can contact FRO on your own........all you need is your case file and advise them that your child is 18 years old.....you may need to produce proof (birth certicate, baptismal, health card, etc) of his age......they will stop deducting for three once they are made aware......it takes about three months for them to catch up.....I sure if your ex is child-centered then she should give you back the difference.....but if not then you will need to inform FRO of the overpayment and they will deduct from future payment transfers....as far as needing to go back to court if she is unagreeable.....FRO takes care of you as much as they will take care of recipient.......its in their hands now they take care of garnishment and any stoppages after it is started with them.....as for age restrictions I would DEFINATELY advise them that one of your children are age of majority.....good luck keep us informed
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Old 01-18-2008, 12:24 PM
Fair4All Fair4All is offline
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Default Notice to End Support Form

As per littleman, you can contact FRO directly and ask that support be terminated based on a "termination event". A list of termination events should be listed in your divorce agreement (eg. child older than 18 and not attending a post-secondary educational program). Don't forget to include a Notice to End Support form with your letter to FRO. This form can be found at:
http://www.mcss.gov.on.ca/mcss/engli...fro_common.htm

My understanding is that the FRO will write to the ex requesting confirmation. She has the option of not responding at all. I think you will eventually have to go back to court to have the agreement changed, in which case it may reflect poorly on her if she failed to respond (or worse, lies and says the child is attending a post-secondary educational program). Not knowing your ex, is there a possibility that should she receive the letter from FRO, that she would insist the child enroll in college/university? If there is, you may wish to wait until schools have ceased taking enrolments. This would save you the effort of corresponding with FRO, just to have your child decide at the last minute to pursue further education.
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