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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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  #1  
Old 09-02-2019, 04:02 PM
Kidscomefirst Kidscomefirst is offline
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Default Motion to Change Custody and Child Support

Since August of 2014 I have had 50/50 custody of my 13 year old son. That was up until my son decided he no longer wanted to be with his mother for a number of reasons. They both came to a decision that my son would live with me full time and he would visit her every other weekend from Friday till Sunday night. This has been going on since January 2019.

My ex has not been paying any money while he has been with me and has been leaving me to pay for everything. This past weekend I had a discussion with my son on what he would like to do moving forward. He has decided to continue on with the way things are for good.

Long story short I will be filing a Motion to Change for both Access and Child Support. I do not want to use a lawyer. Can someone help me on what forms I will require to do this.

Any help will be greatly appreciated.
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Old 09-02-2019, 06:03 PM
rockscan rockscan is offline
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First I would advise your ex that based on the 8 month status quo and your sonís decision to stay with you, the two of you will need to update the previous agreement including child support. Request her income tax/current income information (if you donít have it) and suggest that you work amicably outside of court.

If she refuses, advise her that you will file a motion to change and request costs.

Then you file a motion (I believe it is 15 in Ontarioónot sure about other provinces) and go through the court process.

Is it a significant monthly amount?
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Old 09-02-2019, 08:46 PM
Kidscomefirst Kidscomefirst is offline
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Rockscan,

Thanks for the reply. Yes it is a significant amount that she owes. Currently with other arrears she is owing $9100.00. I have a new agreement done up. Should I send that to her as well?
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Old 09-02-2019, 08:52 PM
rockscan rockscan is offline
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You could put the items in your agreement into an offer to settle. You could also offer to waive some of the arrears if she agrees to pay cs going forward. Reason being, if you pay a lawyer to fight for you, your legal costs would eat up most of the arrears.
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Old 09-02-2019, 08:58 PM
Kidscomefirst Kidscomefirst is offline
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I agree. I've sent her an email requesting the information required. I will wait for her response before I send her the draft agreement that I have written up. I wont be using a lawyer, I haven't needed yet, it has just been so long that I haven't had to do this stuff, but with he change in circumstance this requires attention.
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Old 09-09-2019, 12:44 PM
Ana Ana Ana Ana is offline
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If I may ask, do we still need to update the custody and visitation agreement even if the child is 18yr old? Thanks in advance
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Old 09-09-2019, 01:09 PM
rockscan rockscan is offline
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You donít update custody for an 18 yo unless it is to update child support. For instance, kid is 18 and moving from moms house to dads house full time and attending college. Mom now has to pay dad $500 a month in child support until a terminating event for the child. Terminating events could be...

If you are simply updating child support to reflect income changes/kids education situation then you dont check the custody sections of the motion documents.
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Old 09-09-2019, 07:01 PM
Ana Ana Ana Ana is offline
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Thank you rockscan for your reply.
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