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  • Language on stopping CS

    Question for the group...

    My partner has the following in his agreement (not sure how we missed it):

    "Child support will end when one of the following occurs...a child resides away from home -- where "resides" includes for school, work or vacation." (ETA: there are other clauses like 22 years, first degree, marries etc.)

    AND

    "Child support will change when a child goes away to school."

    We're taking that as child support is payable for the summer. His lawyer agrees. His ex has continued to collect the full table amount through FRO. He cant afford a motion to change and there is a mechanism via FRO for an agreed change between two parties to save court time and costs.

    My partner has a call in to his caseworker to find out if theyve investigated (he faxed that kid was not living at home two months ago) and see what his next steps are.

    He also wants to send his ex a message letting her know she needs to adjust this with FRO (they have forms she can submit) and advise that this cs overpayment will be used against his portion of living expenses.

    Thoughts?

  • #2
    From what I know about FRO based on personal experience... FRO will not adjust the amount of CS without a new court order. However, you don't technically need to go through the whole court process to get a new order. That court order can be arrived at by the parties themselves by filing a motion to change with the court and the new order is then signed by a judge and then submitted to FRO for adjustment. An easier way would be for the two parties to consent to withdraw from FRO and adjust the amount themselves, paying directly to each other instead of to/through FRO. Sounds like a tricky adjustment! Good luck!

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    • #3
      Last year my partners caseworker said they have a form that is similar to the agreed to mtc. His ex just has to fill it out and submit it. They then contact him and if he agrees they adjust. Theres also the "terminating event" where FRO will adjust CS based on the tables and income (they have a finance branch that does this). FRO can also recover overpayments made if it is shown that there was an overpayment.

      His ex needs to pull her head out of her ass is what the bigger problem is but that wont happen. This is more a paper trail for when he tales this overpayment and applies it to his share of living expenses for kid. His ex doesnt get the idea of "double dipping".

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      • #4
        Originally posted by rockscan View Post
        Last year my partners caseworker said they have a form that is similar to the agreed to mtc. His ex just has to fill it out and submit it. They then contact him and if he agrees they adjust. Theres also the "terminating event" where FRO will adjust CS based on the tables and income (they have a finance branch that does this). FRO can also recover overpayments made if it is shown that there was an overpayment.
        Oh wow. That's awesome. It seems they have "improved" their services over the last few years. We haven't dealt with them since 2010 really... at which point we gave up and as a result, Dad continues to pay a lowered "base" amount and come tax season, we calculate what should have been paid for the year and Mom gets sent a cheque for the lump sum difference. Adjusting anything through FRO was just too problematic.

        IMO, Mom is lucky that Dad always makes sure he pays what he is legally obligated to pay as per the CSG, on his own without having to go to court or file adjustments with FRO. (Even though she often tries to double dip as well and get Dad to pay for extras here and there and everywhere... then gets upset when Dad stands by the word of the law and refuses to pay more than what the CSG and court orders state.)
        Last edited by Maggie82; 08-31-2015, 06:00 PM.

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