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  • Support Payments

    My 19 year old son who currently resides with my ex-Wife, has recently had a "difference of opinion" with her and she has mandated that he live with me until April 6. He has been with me since March 20. April 6 came along and my current Wife and I advised my ex-Wife we could keep my son until April 9, it was no bother to us...he returned to his Mother's residence where he found the screen doors locked and a sign stating that he keep off the premises, so he has returned to my residence.

    My question is this...I am paying my ex-Wife a court ordered monthly support payment. It just annoys me that I still have to pay my ex-Wife this monthly support when my son is living with me....I can use this money to purchase him clothing, food, pay bills while he is with me. If I fail to send the Family Responsibility Office in Toronto a cheque for my monthly amount, I am sure I will get "red flagged" as a non-payer. My ex-Wife will never pay me the monthly amount in lieu of my son being with me.......so is there anyone out there who can offer advice on what I should do ??

  • #2
    you could take it back to court to get a new order and get the support rescinded.
    If he is still in school and living with you full time she would have to pay suport to you. The money you are paying to her while he's with you would be reimbursed to you , or added on to her payments.

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    • #3
      Is this spousal support and child support or just child support? Makes a huge difference
      Last edited by Jenny; 04-19-2006, 12:44 AM.

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      • #4
        It sounds like child support, at least that's the way I interpreted it

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        • #5
          Sorry...I failed to add that in my original message...yes, it is Child Support.

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          • #6
            Yeah why would you pay support to a non custodial parent? You just need to get that order changed - she will have to pay you.

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            • #7
              I should add that I am looking for advice on whether I need to hire a Lawyer to have the court ordered Child Support payment to my ex-Wife rescinded...or is there another way I can do it without using a Lawyer ?

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              • #8
                I should also mention that my Son was recently expelled from school because of absenteeism. He is working at a partime job now, but he is a few credits short of obtaining his Grade 12 Certificate. He tells me he intends to go to school in September to get the remaining credits. So if I do get the order changed, my ex-Wife in reality, seeing my son is not in school, would not be required to pay me Child Support..correct ? However, if my son does go to school in September, what happens then ?

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                • #9
                  If your son is only a few credits short, then he would be in school only part-time. And as he is over the age of 18, he may not be considered a child of the marriage, so no support is required.

                  You could get a court order that says child support is terminated, unless the child is in school full time, at which time it is payable again. Is there a possibility he may attend college?

                  It is always advisable to obtain legal advice, but many represent themselves in court on their own successfully. Your situation doesn't seem to complicated, you could try it on your own.

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                  • #10
                    So if I was to represent myself, what are the procedures for doing this ? I have absolutely no idea on what is required or where to begin.

                    I guess if I do have to appear in front of a Judge to plead my case in having my child support payments to my ex-wife rescinded, it maybe a good idea to bring along my Son with me so he can validate my request ?

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                    • #11
                      i'm just heading out so don't have time to answer but you have to start with a motion to vary in family law court. will get back to you or someone else

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                      • #12
                        I would go to the court house immediately and complete the necessary forms to have your child support payments stopped and apply for child support yourself, as the child is now living with you.

                        You are liable for child support payments until you file the paperwork that shows differently. If you are in Ontario, The Notice of Motion form can be found at the following link:

                        http://www.ontariocourts.on.ca/family_court/forms/

                        Does your son have to complete community service hours in order to receive his grade 12? If so, I would encourage him to complete them over the summer. This will document his intent to continue with his education and show that he is still a child of the marriage.

                        I would also go back to the house and take a picture of the note on the door. I would date stamp the picture. Proof is everything.

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                        • #13
                          Thanks for all the Advice !

                          Sorry, I have been away for a few days.

                          I will definitely follow through with all the advice. My ex Wife is refusing to assist financially or with any other assistance. In fact, my son (without me knowing about it), returned to his Mother's home and was able to use his key to enter the house and obtain some personal items. When my ex discovered he had been there, she filed a Police report. This morning we had a visit from 2 uniformed Police Officers who discussed the situation with my son. He has been advised not to enter the house without my ex-Wife's permission.

                          The sooner I get this sorted out, the better.

                          Thanks to everyone who has replied.

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                          • #14
                            Notice of Motion Form

                            Originally posted by GGG
                            I would go to the court house immediately and complete the necessary forms to have your child support payments stopped and apply for child support yourself, as the child is now living with you.

                            You are liable for child support payments until you file the paperwork that shows differently. If you are in Ontario, The Notice of Motion form can be found at the following link:

                            http://www.ontariocourts.on.ca/family_court/forms/

                            Does your son have to complete community service hours in order to receive his grade 12? If so, I would encourage him to complete them over the summer. This will document his intent to continue with his education and show that he is still a child of the marriage.

                            I would also go back to the house and take a picture of the note on the door. I would date stamp the picture. Proof is everything.
                            I have downloaded the "Notice of Motion" form. My next question is this...is it advisable to obtain a Lawyer to assist in the filling out of this form ? It is all very Legal to me, some areas on the form make sense, other parts are totally baffling due to the "Legalese".

                            Also...once the form is filled in, generally how long does it take before I can have my case heard by a Judge ? My ex-Wife is not assisting in anyway and I still have to pay her each month thru the Family Responsibility Office in Toronto. This is causing alot of anger and stress with my current Wife who feels this is highly unfair.

                            My son is prepared to come with me when it is time to go in front of a Judge. Is my ex-Wife notified of this also and could she be in court to fight this ?

                            Comment


                            • #15
                              Hi Saint,

                              Please note that you will also likely need to prepare/sign/swear the following:

                              1. Change information form;
                              2. Summary of court cases;
                              3. Case conference notice;
                              4. Case conferene brief; and
                              4. An updated financial statement.

                              You can open a new file up as an "A" file to your old proceeding. For example, if your old court file number was 1234/00, then the new court file may be opened as 1234/00A.

                              You CAN do this yourself if you follow instructions carefully and pay attention to detail. A lot is involved with this kind of proceeding, including smaller tasks such as serving the mother, updating the table of contents, meeting filing deadlines, and so forth. Retaining counsel would certainly make things easier if you, but perhaps just an hour-long consultation is all you need. It really depends on your understanding of the law and the time you are willing to dedicate to your case.

                              The way motions are scheduled really depends on in which city you file your documents. In your case, however, since your motion is the commencement of new proceedings, you will have to schedule a case conference and then arrange for the motion to be heard "at a date to be set." If you call the family law information centre in your city, they may be able to tell you the earliest case conference dates available.

                              I have seen a case where the child swore an affidavit regarding the status of a parenting situation. However, I don't believe all judges are very keen on this because there is always the possibility that the child did not understand the full meaning of "oath" or "affirmation" at the time the affidavit was sworn. I'm not sure how effective it will be for you son to appear with you in court if he doesn't submit a written affidavit.

                              I hope this helps.
                              Lindsay

                              Comment

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