Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
Thread Tools
  #1  
Old 06-17-2009, 08:46 AM
coffeeman690 coffeeman690 is offline
Member
 
Join Date: Jan 2008
Posts: 53
coffeeman690 is on a distinguished road
Default CS and How to stop it

Hello everyone, I'm writing to find some answers on how to stop paying CS. I had my Case Confrenece in Sept 08 of last year and the orders were for me to pay 350 a mth, to keep the child on my medical benfits and for the Mother to inform me if the child leaves Parental control and if she drops out of school.
This is where things get funny!!! I knew the child was not living W her mother since Oct 08, but staying with her Grandmother/ Boyfriend, also Knew she was not inrolled in school also.
The ex wife called me yesterday to inform me of SOME changes. The child is due to have a child herself next mth, also is not living W grandma But has rented a Apt W her BF. She has applied for Welfare and my Ex has told me that Welfare has asked for my info and told her that WE both may have to help support her?
What I was wondering...Don't have grounds to have The CS stopped? if she is not in her mothers care and living on her own,how do I go about this W the courts. Do I have any grounds here? This Child is also not my Bio-child. The Natural Father also is not paying CS either.
What are the rules on these area's Thank You
  #2  
Old 06-17-2009, 10:35 AM
billm's Avatar
billm billm is offline
Senior Member
 
Join Date: Sep 2008
Posts: 2,431
billm is on a distinguished road
Default

A pregnant person living with their boyfriend and not attending school sounds like an adult to me! Sounds like all of the taxpayers are going to take care of her from here on.
  #3  
Old 06-17-2009, 11:10 AM
#1StepMom #1StepMom is offline
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 885
#1StepMom is on a distinguished road
Default

Quote:
Originally Posted by billm View Post
A pregnant person living with their boyfriend and not attending school sounds like an adult to me! Sounds like all of the taxpayers are going to take care of her from here on.
Agreed. According to the divorce act, if the child is over 18, not enrolled in school full-time, and no longer dependant on his/her parents, then CS is to be stopped. She definitely doesn't meet the Divorce Act definition of a child. If you can, get proof of these changes (something that has her name and new address, her age, that shows she isn't enrolled in school, maybe even proof that she is pregnant, anything you can get your hands on to support your case) I'd file a motion with the court to stop child support based on these facts. Good luck to you!
  #4  
Old 06-17-2009, 11:56 AM
coffeeman690 coffeeman690 is offline
Member
 
Join Date: Jan 2008
Posts: 53
coffeeman690 is on a distinguished road
Default

She is 17 yrs old in Sept, do I still have a claim to file a Motion? Should I get a lawyer. I did represent myself last time at the Case Con and got eaten alive, So Is this something I should invest in. Also there is no contact between Us at all, No emails no visits NOTHING....

Thks again
  #5  
Old 06-17-2009, 01:16 PM
#1StepMom #1StepMom is offline
Senior Member
 
Join Date: Oct 2008
Location: Toronto
Posts: 885
#1StepMom is on a distinguished road
Default

Quote:
Originally Posted by coffeeman690 View Post
She is 17 yrs old in Sept, do I still have a claim to file a Motion? Should I get a lawyer. I did represent myself last time at the Case Con and got eaten alive, So Is this something I should invest in. Also there is no contact between Us at all, No emails no visits NOTHING....

Thks again
Until she is officially an adult (i.e. reaches the age of majority in your province, which is 18 in ontario) you are responsible for paying child support for her. Since she is not living with your ex-wife, the child support should go directly to your daughter. Make sure you have proof of these transactions. The day she turns 18, she will be considered an adult and you will no longer be responsible for paying child support for her... unless she enrolls in school full-time or has some sort of disability that prevents her from being independent. Just to cover your behind, I'd confirm your plan of action with a lawyer and file an affidavit with the court (if you have a case filed with them already - though you can always start one) stating your intent with regards to child support for your minor daughter. It's always best to keep a detailed papertrail of everything.
  #6  
Old 06-18-2009, 08:46 AM
coffeeman690 coffeeman690 is offline
Member
 
Join Date: Jan 2008
Posts: 53
coffeeman690 is on a distinguished road
Default

Here's another Q... If I pay 350 a Mth, should her Mother pay the half of my 350 of CS and then the her Daughter can still recieve Welfare?

I dont think that I should still pay the same and the mom not help her out?
Can the welfare office interfear W a court Order that already is in place?
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



All times are GMT -4. The time now is 05:46 AM.