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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 04-24-2011, 03:31 PM
mizzliz90 mizzliz90 is offline
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I have a situation hoping someone can help me with. My husbands daughter graduates highschool in June of 2007....Goes back to college in Sept 2009....for those 2 years she did absolutely nothing...BUT he still paid support....only because he had no contact with his daughter....FRO called mother in those two years and she said daughter was still in school which was a lie....so FRO called my husband and said....according to the daughters mother your still obligated to pay. Well to find out when we were in contact with her in Feb 2009...she wasn't in school....so does anyone know what really happens to the child support in those 26 months? NOW the mother wants more money....court case is in another few weeks. I can't get my head around the fact ...1. she lied to FRO about her schooling....2 wants MORE child support for college expenses when he shouldn't have been paying for over 2 years. How are the courts going to look at this?
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Old 04-24-2011, 05:43 PM
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karmaseeker karmaseeker is offline
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Don't know anything about this but just wondering if you can request transcripts to verify attendance in school?

What has your lawyer said?

Best of luck.
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Old 04-24-2011, 06:15 PM
Boomstrike Boomstrike is offline
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By lying about the child going to school and in return being rewarded for it (child support), does that not constitute fraud?

From what I have read on child support post secondary school is that there should be no break from high school to university for child support to continue.

Since the daughter was not in post secondary for two years, I would have made a motion to stop CS all together. Case closed.

As for the money during the 26 months, it should be paid back in full to the father.

I know it is not right to involve the children and I don't condone it, but I would entertain the idea of getting the daughter to swear to an affidavit on what she did for that 2 year lapse. Use it to catch the ex in her lies. Try to get as much information you can from FRO regarding dates and times they received the info that the daughter was suppose to be in school. Again, use this info against the mother. Her lies will eventually catch up to her.

Just another malicious mom looking to line her pockets (flame away with that comment)!
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Old 04-24-2011, 06:29 PM
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As a minimun you should be angling to have the CS paid for those two years applied against any support that may be ordered going forward.
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Old 04-25-2011, 12:13 AM
paris paris is offline
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Quote:
Originally Posted by mizzliz90 View Post
FRO called mother in those two years and she said daughter was still in school which was a lie....
Why did FRO call the mother to ask that question? Just curious. I've never heard of them doing it on their own. Was it at the father's request?

The poster above me is pissing me off.
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Old 04-25-2011, 08:31 AM
AtALoss AtALoss is offline
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You would have to file a Motion to Change. This would as it sounds allow you to make a change to the support. Varying the amount or stop completely. In it Request that the school enrollment AND transcripts be disclosed. You should also include brith cert and tax records for both recipient and child. Sounds like they will not be able to do so. You can also request the Judge review the support as you feel that it should have either stopped as of a certain date (generally the child's 18th birthday) This date is used as a terminating event if there are NO other considerations Ie Post secondary enrollment, disabilty etc. Check your original order of support for those details. The birthdate is used in the family law act.
Now if they cant provide those reasons to continue you can also on that same motion seek to be reimbursedthe overpayment that you feel has accrued. The Judge should go thru month by month to determine this amount.

Bit of advise... while you have this going on dont decide to just stop paying on your own as it will just bring on trouble for you when it comes to FROas we all know. You can also apply in a motion for a Stay of Enforcement. This will buy you a short bit of time while the previous motion is to be heard.

As for FRO calling I find that disturbing as they generally do not do so on thier own. They will if they are given reason to, say if the payor is speaking with them saying the child is not in school etc. But that is basically a useless action on thier part as no matter what any one (recipient/payor) says they will do nothing about it. Thier philosophy is "we do nothing with out a court order" the only other way is if BOTH parties sign/submit the Voluntary Withdrawl. That youcan get done directly through FRO.

Family Law Rules Forms — Ontario Court Services

You will be able to find any of the forms you require on this site. Once you have them filled go over them with duty counsel, FLIC or legal aid or a lawyer to be sure all is in order. Remember though that you will need 3 copies of everything and that the originals are supposed to be given for the court file, a copy to the Ex and the other for your records.

You will also have to complete a confirmation and afidavit of service other wise on your court date you will not be on the list to be heard. The court clerks will also help you sort through all that too.
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Old 04-25-2011, 02:40 PM
mizzliz90 mizzliz90 is offline
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Thanks for all your help everyone.....the court case is may 13th....alot of things that you have mentioned I intend to get the lawyer to be on top of it. It's funny how FRO takes there time when someone needs their help on something....but after FRO claimed they called the mother....we got a letter in the mail from FRO stating they were in touch with the mother and the obligation is still there.....so we have that letter to prove to the courts that somewhere we were lied to. We are hoping the courts are going to look at it as he paid for 26 mths...and support should not continue....that would give the daughter 4 years in post secondary. It's kinda of a sticky and complicated situation.....but i would hope the court system will see what is going on here. It's pretty crystal clear!
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Old 04-25-2011, 02:43 PM
mizzliz90 mizzliz90 is offline
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oh sorry...AtALoss.....and yes, my husband signed that form submitted it to FRO...but of course mommy wouldn't sign....thats when he was told he still had to pay because the child was still in school....when we know she wasn't.
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Old 04-26-2011, 10:03 AM
HammerDad HammerDad is offline
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You will have to ask the courts/ex to provide details on which school the daughter was supposedly registered in, proof of registration (if possible) or, failing proof of registration, school transcripts for the years in question. If she is unable to provide them, you may be able to have the amounts offset moving forward, or, unfortunately, the courts may look it at as a "gift" and you get nothing.

Edit - also, if you had reason to believe she wasn't registered in school way back when, you had a right to request this information back then (and should've) and when they don't provide any transcripts or proof of full time registration, you file a motion to change to remove c/s.
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Old 04-26-2011, 10:42 AM
mizzliz90 mizzliz90 is offline
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Yes...we are going to ask for the resgistration....she wants everything from us....we just want that proof of one thing....we know it can't be provided. So the money that he has paid when he shouldn't have....will be considered a "gift"......thats unbelieveable!....I hope that isn't the case.
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