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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-31-2013, 03:23 PM
PayingDad PayingDad is offline
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Default Terminating CS

Hello All:

I have some questions for this forum on terminating child support. I have a daughter from a previous very troubled short marriage. She has now turned 18 and I have payed child support through FRO all this time, never in arrears. I have had no contact with her or her mother in the last 17 yrs. I have had a hard time finding any information but this is what I have learned.

She is 18 now and I have learned that she is not in high school any longer. She was suspended or something of that nature. She has been attending an alternative learning centre but only sporadically and it is definately not full time. She still has around 18 credits to get her high school. She has had very poor attendance and her mother is on social assistance and does not enforce attendance. With her being 18, I cannot access any records now.

I have recently contacted FRO and my ex through a registered letter to have the support ended based on her no longer being a child of marriage and I sent my ex the withdrawl from FRO form. I have asked for proof of enrollment and attendance records if this is disputed. In the letter to my ex, I gave her 10 days to respond. I will wait and see how FRO responds but I don't think they will help out the payor in any way. I am not expecting any kind of response from my ex.

I am hoping that she will agree and sign off but I really doubt she will. Is there anything else I need to do and does FRO ever actually stop enforcing child support payments or will I have to go to court. I do not have a lot of funds to retain a lawyer so I am hoping that I can handle this on my own.

My SA was under the "old" system and really doesn't specify an ending date but does refer to the child of marriage. I have also been paying slightly under what the tables would determine but my SA didn't have the requirement to update financial information or anything like that, only a standard cost of living annual increase.

Do I have a case for ending child support and how do I prove that she is not in a full time educational program if they refuse to supply any records to me?
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Old 03-31-2013, 03:31 PM
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Rioe Rioe is offline
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You say that in the absence of proof that she is still enrolled in full-time education, CS should terminate. If she won't consent to ending CS by withdrawing from FRO, you will have to make a motion in court for a new court order ending CS that you can give to FRO. Meanwhile, they'll keep taking it.

While this is going on, you may want to try opening lines of communication with your daughter. Let her know that now that she is an adult, you could still be supportive outside the court system. It sounds like she had a rough upbringing with her mother.
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Old 03-31-2013, 03:39 PM
PayingDad PayingDad is offline
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I have tried talking to her off and on over the last 4 years through FB and as recently as a few weeks ago. She doesn't want anything at all to do with me or my family. Her mother has turned her completely against us. She has asked that I never contact her again and I will respect that.

I will wait the 2 weeks and then send one more registered letter to my ex. Should I word it basically saying what you said, that in the absence of proof, she is not in a full time educational program and that I will be filing a motion in court to have the support terminated?

Last edited by PayingDad; 03-31-2013 at 03:53 PM. Reason: typo
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Old 03-31-2013, 03:55 PM
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When a child has refused any contact to that extent, this is also grounds for termination.

You need to speak to an experienced family lawyer at least for a consultation and find out what your options are.

In the meantime you would have to file a motion to end child support. You would fill out form 15 Motion to Change and in section 5 just check the box to end child support.

Then fill out form 15a Change of Information where you will explain the details why, pretty much what you said here.

Then you fill out a form 14a Affidavit and swear to the facts you say you know about her schooling, and how you found out. If you have any documentation (emails, letter, etc.) include a copy.

Take these to the courthouse, a commissioner of oaths will witness your signature, you file them with the clerk.

At this point everything is of no cost to you. You will need to serve your ex. This will require "Special Service." The least complicated way is to use a process server. This is the only cost you should incur for now.

Now your ex will be required to prove that she is in school. Separately, you send your ex a letter/email stating that the most cost effective way of dealing with this is for her to file a response that agrees with the motion. Keep it business like and impersonal.

If your ex doesn't respond to the motion at all, it will go through as uncontested. You MUST be able to prove she was served though. You may not serve her yourself for a motion to change.

* Just to add, a consent motion would be easier and more cost effective, but I am assuming your ex will not co-operate with that.
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Old 03-31-2013, 04:10 PM
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Thanks for the info Mess, I am new to this and appreciate all the advice.
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Old 03-31-2013, 04:16 PM
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If my ex is on welfare, aren't all of her legal costs covered? She is very vindictive towards me and would probably drag on a case to court just to cost me more money.
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Old 03-31-2013, 06:27 PM
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Send a couple of emails a day to her legal aid lawyer, and leave long rambling messages on the phone. When they send you a letter, send one back that requests clarification because you don't understand the terminology. Legal aid will only pay up to a certain amount. You can use that amount up in no time.

In any case, don't be a doormat because you think that legal aid gives her any special benefit. Members here have self rep'ed against legal aid lawyers and gotten awarded costs. Your case is YOURS, it will depend on how reasonable a stance you take and what you say to back up your arguments.

If you decide now that you will lose, then you have lost.
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