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  • child support

    I am a payor of a 18 year old. I would like to stop paying support. I believe the child not to be living with the other parent and not going to school. I am a stay at home dad with a new family. My wife makes good money. My payments are low $100 a month but would still like them to end. If I try to stop the payments is it possible the recipient could now ask for more money?
    would they take my wife's income into account for child support ?

  • #2
    Hi you can contest the cs and you will not need to pay anymore seeing your 18 year old needs to be in post secondary school and not living with other parent then no you would not have to continue paying.And no your new wife's income would not be effected reguardless this i know because my ex tried and did not have a leg to stand on so the judge said no to her just like that.

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    • #3
      If this $100 is a significant part of her discretionary income, it would be courteous to give her a few months notice.

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      • #4
        Originally posted by dinkyface View Post
        If this $100 is a significant part of her discretionary income, it would be courteous to give her a few months notice.
        BS - she shouldn't be accepting CS if the child is no longer living with her!

        It is child support not (ex) spousal support

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        • #5
          What does your Seperation Agreement say about when CS stops. Every one I've seen all state that if the child is 18 yrs old, not in post secondary school (full time) and especially if he's not even living with your Ex, then CS ends. Why not just stop paying the $100.00 and let her try to justify why she should still receive it. Good luck to her with that one.

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          • #6
            The issue with THAT advice is that if he just unilaterally STOPS payment and there is a court order in place, she can simply file with FRO (assuming you are in Ontario) to have it enforced.

            Request that your ex provide proof the child is still living with her, and is in post secondary school pursuant to the separation agreement (if such exists).

            If there is NO agreement with the courts, then inform her you are stopping payment effective XX-XX-XXXX and be done with it.

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            • #7
              Hi What and welcome to the forums.
              One thing that hasnt been mentioned is that you will need to file a Motion to Change irregardless of whether your order is registered at FRO or not. Trust me you dont want to unilaterally stop paying. Get it into court but also have your proof ready that shows the child is 18 and is no longer in school. Many here can guide you through and help you find the paperwork you will need if you choose to self represent but a lawyer is a very good idea. FLIC and legal aide would be helpful as well if you qualify.

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              • #8
                Originally posted by dinkyface View Post
                If this $100 is a significant part of her discretionary income, it would be courteous to give her a few months notice.
                not a good idea

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                • #9
                  Originally posted by billm View Post
                  BS - she shouldn't be accepting CS if the child is no longer living with her!

                  It is child support not (ex) spousal support


                  thank you. you make a good point

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                  • #10
                    Originally posted by walshch View Post
                    What does your Seperation Agreement say about when CS stops. Every one I've seen all state that if the child is 18 yrs old, not in post secondary school (full time) and especially if he's not even living with your Ex, then CS ends. Why not just stop paying the $100.00 and let her try to justify why she should still receive it. Good luck to her with that one.

                    the court order has nothing to say about when it ends. The fro family responsibilty office is after me for arrears now and threatens to freeze assets.

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                    • #11
                      Originally posted by NBDad View Post
                      The issue with THAT advice is that if he just unilaterally STOPS payment and there is a court order in place, she can simply file with FRO (assuming you are in Ontario) to have it enforced.

                      Request that your ex provide proof the child is still living with her, and is in post secondary school pursuant to the separation agreement (if such exists).

                      If there is NO agreement with the courts, then inform her you are stopping payment effective XX-XX-XXXX and be done with it.
                      on the fro family responsibility office website under question when does child support end it says "We will let you know when you can stop paying us" that's a joke . we are suppose to just keep on paying. met with a legal aid lawyer that said i needed to get motion to change court order and that dealing with the fro is just a waste of time. i tried to withdraw from the fro before but both parties have to agree and the other party didn't agree. for spite or whatever it's no sweat off her back for me to keep on paying so she can just say no and then i just have to keep on paying. the system gives her too much credibity and power and the payer not enough. now i have to spend more money to get a lawyer and change the court order .

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                      • #12
                        Originally posted by AtALoss View Post
                        Hi What and welcome to the forums.
                        One thing that hasnt been mentioned is that you will need to file a Motion to Change irregardless of whether your order is registered at FRO or not. Trust me you dont want to unilaterally stop paying. Get it into court but also have your proof ready that shows the child is 18 and is no longer in school. Many here can guide you through and help you find the paperwork you will need if you choose to self represent but a lawyer is a very good idea. FLIC and legal aide would be helpful as well if you qualify.
                        yes the lawyer told me about filing a motion to change. the child is 18. now do they have to be not living at home and not at school or just not at home or just not at school or could be at home but not at school or not at home but in school? is it up to me to provide evidence or up to the recipient to provide proof? if its up to me can a lawyer do that or do i need to hire a private investigator?

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                        • #13
                          File the motion. That's your only remedy.

                          Don't bother with a PI. They are very expensive and you won't need it.

                          If she is going lie about the child's living arrangements you should be able to prove that even if you are only half way resourceful.

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                          • #14
                            Give it a shot at doing it yourself. It sounds pretty cut & dry.

                            You'd need to fill out & file a Form 15:Motion to Change and a Form 15A:Change Info Form (and possibly a Fin'l Stmt but the clerks at the courthouse or FLIC can confirm that)

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                            • #15
                              Hi What,
                              Please recap for me does your orifginal order specify at 18? That is what I think you said. Generally that is one of the first opportunities for it to terminate. Whether the order explains further but one of the next terminating events is enrollment in post secondary education. Generally if a child is in school a Judge will allowit to continue until graduates. the next issue to be dealt with is any income a child may have and this will be considered even if a parttime job/ summer earnings.

                              Comment

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