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If you have a final order, is there anything that can nullify it?

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  • #16
    Originally posted by trinton View Post
    How could there be an order for child support if we don't know who has custody? It is to my understanding that one parent has to have custody before being eligible for child support.
    Just an interruption to clarify this part for you.

    Custody and child support are not related.

    Custody is about decision-making. If joint, both parents have to discuss and agree on anything major about things that affect the child in a big way, such as health, education and religion. If sole, only one parent makes these decisions.

    Child support depends on the access each parent has to the child. Access can be primary, which means one parent has over 60% of the child's time, and shared, which means both parents have between 40% and 60% of the child's time.

    If custody is being fought over in court, it can take years to determine.

    Access is known right from the start because the child has to be somewhere. So orders for child support are usually done rapidly, so the child can have their needs met.

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    • #17
      Triton maybe you should resolve your issues before trying to help others.

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      • #18
        Originally posted by Rioe View Post
        Just an interruption to clarify this part for you.

        Custody and child support are not related.

        Custody is about decision-making. If joint, both parents have to discuss and agree on anything major about things that affect the child in a big way, such as health, education and religion. If sole, only one parent makes these decisions.

        Child support depends on the access each parent has to the child. Access can be primary, which means one parent has over 60% of the child's time, and shared, which means both parents have between 40% and 60% of the child's time.

        If custody is being fought over in court, it can take years to determine.

        Access is known right from the start because the child has to be somewhere. So orders for child support are usually done rapidly, so the child can have their needs met.
        It won't be a final child support order - only an interim order.

        It is only once custody has been determined that a final determination can be made about the quantum of child support and any retroactivity issues that may arise.

        https://www.canlii.org/en/on/onsc/do...&resultIndex=6

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        • #19
          I know this is an unpopular answer here, but you really need a lawyer in this case.

          I doubt you're asking the right questions and you don't seem to have a great grasp on your own case. A lawyer can review the documents and tell you what is final, what is interim, and what you can to do set it aside (or 'nullify' it, in your words).

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          • #20
            Originally posted by Kinso View Post
            I know this is an unpopular answer here, but you really need a lawyer in this case.

            I doubt you're asking the right questions and you don't seem to have a great grasp on your own case. A lawyer can review the documents and tell you what is final, what is interim, and what you can to do set it aside (or 'nullify' it, in your words).
            I think people are confused. I'm not. I don't want to nullify it. I am being told that it is. I am trying to find out if that is possible. I already have an appointment with a lawyer but I was advised to try this forum and see if I could get any answers. Trying to avoid costs because every penny of mine is allocated on a bi-weekly basis trying to make ends meet.

            I know my case with my eyes closed. It must just be in the communication of this forum. It is difficult when you can't give specifics for fear that the other party or someone they know is also on here.

            Sent from my SM-G900W8 using Tapatalk

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            • #21
              I'm confident you know the facts of your own case quite well, I mean the law and procedural status of your case. That's where you seem to lack a grasp on.

              Either way the question you've asked is hyper specific and only someone reviewing your documentation, combined with your narrative of the facts, can give you proper advice. This forum is good (but not perfect) for general advice, not this.

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