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  • Terminating Child Support for child no longer living with CP

    I just found out my 18 year old son hasn't been living with the CP for over a month and a half and I've been paying my support and the CP hasn't given him any funds to live on. He moved in with his girlfriend and her mother and has no income. I call the FRO and asked if I could pay half of my support to them for my other son living with the CP and pay the rest to my son who is now on his own so he can have money to live. They said there was nothing they can do until I go to court. I thought this was rediculus. Basically my son will have no money until I get a court date. I don't have extra funds to send him after I pay my full support to the FRO. Anyone have a similar situation. Is there anyway to get an emergency order done up so he can get the funds immediately?

  • #2
    i am thinking you would have to go to court. My thing is if your 18 year old son is living with his gf and her mother, why give him anything at all?? He can get a job and support himself if he wants to play house with his gf IMHO.

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    • #3
      I think he is concerned because the FRO is involved and he doesn't have the option to stop paying and to send the money to his kid. If you are paying the FRO as opposed to being garnished, cut the payments in half.

      Your ex should have told you about this. It seems sneaky. But it has only been a month and a half, so it may be argued that this move hasn't yet rooted itself and your kid may still be returning home. Are all his personal belongings out of your ex's house?

      You should talk to your ex and ask for agreement to halve the payments. I believe the FRO will accept a mutual submission without going to court but I'm not sure.

      If she disagrees, then your only option is to bring a motion to vary the CS at court. By the time it gets heard, another few months will go by which will suck for you. On the other hand, your ex continuing to collect CS for a kid who has clearly ceased to be a child of the marriage doesn't look good on her. Seek costs if you have to go to court.

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      • #4
        Explain to the ex that if you have to go to court for a motion and she doesn't have a good reason for refusing changing the amount, the judge will very likely award costs to you, and this will be expensive for her.

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        • #5
          Originally posted by dadtotheend View Post
          I think he is concerned because the FRO is involved and he doesn't have the option to stop paying and to send the money to his kid. If you are paying the FRO as opposed to being garnished, cut the payments in half.

          Your ex should have told you about this. It seems sneaky. But it has only been a month and a half, so it may be argued that this move hasn't yet rooted itself and your kid may still be returning home. Are all his personal belongings out of your ex's house?

          You should talk to your ex and ask for agreement to halve the payments. I believe the FRO will accept a mutual submission without going to court but I'm not sure.

          If she disagrees, then your only option is to bring a motion to vary the CS at court. By the time it gets heard, another few months will go by which will suck for you. On the other hand, your ex continuing to collect CS for a kid who has clearly ceased to be a child of the marriage doesn't look good on her. Seek costs if you have to go to court.
          I meant that if he gets the Fro cut to just the one kid living at home then he should not give money to the adult child playing house. Sorry for the confusion

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          • #6
            FRO will continue to ask for money until a court order is sent to them. I am in the same boat, ex has NONE of the children living with him and refuses to sign the "consent to withdrawal". I had to retain a lawyer and am waiting to hear.
            You could send an "Application to Discontinue Enforcement of Ongoing Support" to Fro and see what happens. This form is completed and submitted to the Family Responsibility Office by a support payor or an authorized third party who is claiming that support should end or has ended.

            Good luck!! I will be thinking about you I know it is frustrating.

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