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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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  #11  
Old 12-07-2010, 04:24 AM
Roni Roni is offline
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If she has not found work or post school within an year, she no longer qualifies for support. You do not pay support for someone who is not doing anything. Either working or going to college.
  #12  
Old 12-07-2010, 10:43 AM
Pharah Pharah is offline
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Once your daughter is over 18 and no longer attending school full-time, then the requirement from the court to pay child support would end as she will be expected to support herself. If you choose to give her money after that, it's not child support...but maybe still needed.

I would go to court, requesting that the support payments be changed from your daughter's Mother, to her grandparents and include a clause about her being in school.

There is no way in HELL I would give a 18 year old support payments. Personally, I don't believe an 18 year old would be mature enough for that type of responsibly. Unless you want the money to be spent on beer! Isn't that what typically happens when your kids go off to college? Think about it. Not a good idea.

Last edited by Pharah; 12-07-2010 at 10:48 AM.
  #13  
Old 12-07-2010, 08:33 PM
Roni Roni is offline
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Has anyone seen Support Cases for Retro support ? There are apparently website where you can see or print these cases. I would like to review a couple for my info. Something from BC Supreme would be good. fficeffice" />>>
  #14  
Old 12-07-2010, 09:42 PM
426 426 is offline
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Sorry, first time on site.

I separated in 2004, divorced in 2007. I settled outside court room doors and have paid child support (no problem with at all) as well as spousal support in the amount of $1400 monthly.

My ex was gainfully employed and has remained so ever since. She has even started a business venture. The matrimonial home was moved to her name and all furniture remained. She recently leased the house out and now lives in a 2 bedroom condo. What bugs me is her intent to go after me for more spousal. My spousal amount was paid on earnings approx $25,000 below what I now make.

She appears to be doing pretty darn good and does not appear (to me at least) the posterchild for support the rest of her life. I am more than happy to continue paying current rates for three more years but want her entitlement to end.

Questions:

Is she entitled to more money based on post divorce year rates?

Do I not have a good counter argument to lessen and or terminate support now.

Any word of advice....

Thanks
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Old 12-08-2010, 04:22 PM
99bobster99 99bobster99 is offline
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Awesome suggestions people! Thank you for your assistance, I greatly appreciate it since I am feeling like I am going to be cornered into a life long support payment plan! When I spoke to the FRO, they said that they WILL NOT stop payment unless either of 2 conditions occur;

#1 -> Ex agrees to my submitted "stop payment" request which I send to FRO.

#2 -> there is a court order that says support should stop.

Where is it written, or what past court cases have happened that would suggest that within a year after graduating high school, child has no interest in continuing school, that support can stop? I read through the Divorce Act and there are no "clear" boundary lines stated? I would hope that there are some guide lines that are enforced that after x years (growing up period) the child is considered an adult and must be self supportive? I don't mind paying the support for another 2 years, as long as there is an end in site? According to the FRO, without a court order, I could be paying support throughout her adult life. This is a direct quote from the FRO agent?? WTF?? How can this be?
  #16  
Old 12-08-2010, 07:12 PM
Mess Mess is offline
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Quote:
31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.
Idem
(2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control. R.S.O. 1990, c. F.3, s. 31 (2).
Ontario Family Law Act

You have to file an affidavit that the child is no longer living with a parent. Living with the grandparents would mean withdrawn from parental control, although the courts might make an exception if there was an argument made on the behalf of the child, for example that the grandparents were acting as parents.

You are also going to run into trouble if the child hears what you have in mind and enrolls in a program just to keep support coming in.

You are going to run into a problem if the mother wants to keep support, gets the child onside, and they claim the child is living with them. The onus would be on you to prove to the courts with factual evidence that the child does not reside with the mother. Exactly how do you expect to do that? If you have such evidence it would have to withstand their denials and a possible situation like the child moving back in for a month, or getting a drivers license showing the mother's address, or a bank account statement mailed to that address.

Like I said earlier in the thread, if you get the child onside with you, then everything becomes much much easier for you. I say this because the mother is already being deceitful to keep support coming in, so why would she not continue to be deceitful? The grandparents are already part of this, why would they not support the mother's assertions? Ultimately what proves your case is an admission from your child that shows where she actually lives. Get her onside and your motion is a slam dunk. If she stays onside with her mother then you will just face more deceit from all sides.

So honestly, pick your battles and fight one at a time. You go after your child with an aggressive attitude over this and she is just going to side with her mum.

I'm not privy to all the details of your life, and I could be dead wrong, but going by what you write this is my opinion on it.
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