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  • Child support

    If the child moves out of the home on her own,am i required to continue child support?She has done this and has been away for 3 months living with her boyfriend.Now she wants to move back in.She is turning 18 next month and has a part time job as well as receiving a Canada pensin checque for servivor benefits.

  • #2
    That would depend on what you agreed to in the minutes of settlement with regards to CS.

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    • #3
      Normally, once a child turns 18 and is no longer in school/college/university, then your obligations for C/S end. Check your court papers.

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      • #4
        We went through a mediator and agreed only to the Federal guidelines for the amount to pay.The child since moved out of the family home.Now she want she has moved back and the mother says i should still pay.I have done a little reserch.Most answers i get is that the child was no longer a dependent.

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        • #5
          If you would let her move back in with you, and not have her pay for her room and board, then you should pay CS still for her to live in the family home, otherwise, she is an adult that is not going to school and you believe that she should take care of herself and therefore should not pay if you don't want to.

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          • #6
            She is moved back in with the mother,in her own place.She is still attending school,but turning 18 in a month.You say i should still pay.Others say no,because she moved out,therefor no longer being a dependent.I need better clarification please.

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            • #7
              It seems to me that there are two questions raised here:
              1) Is the ex still entitled to child support, since the child had moved out but is moving back in?
              2) Is the ex still entitled to child support, for a child who is 18 and is attending school?

              I think the answer to both questions is "yes". You may request a credit for the months paid, when the child was not living at home. However, the courts will want to ensure that the child has a roof over her head and won't want to jeopardize that by stopping CS. The child is still a dependant as long as she is enrolled full-time in school.

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              • #8
                Is there a law book i can obtain and read to verify all the conflicting answers i am receiving.I am told by a site like yours that offers lawyers advice that if the child moves out on her own that i am no longer required to pay.Simply meaning the child is no longer a dependent in the home.(A book on Family Law would be nice).

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                • #9
                  If the family law system was quick (haha) you could have had the payments stopped the day your daughter left the home.

                  Then when she moved back, her mother could have the payments started again when she moved back in. If the family law system was quick (haha).

                  She's living with her mother. She took a break from the residence for a couple of months. She's still in school. Pay the support.

                  Is there a reason you don't think you should help support the daughter? When my brother's daughter left home (issues with Mom) but was still in school, he gave the child support directly to the daughter.

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                  • #10
                    Originally posted by paris View Post
                    If the family law system was quick (haha) you could have had the payments stopped the day your daughter left the home.

                    Then when she moved back, her mother could have the payments started again when she moved back in. If the family law system was quick (haha).
                    OR two people can just be reasonable and figure things out without the courts - when she moved out, it looked like it was for good, so the mom should not have accepted CS anymore, when she moved back, you should have started paying again without being asked....CS is not something to find a loop hole so you can get out of it such as 'oh when she moved out I didn't have to pay, and now that she moved in again, I still don't have to pay because she moved out - gotcha'. I don't think so

                    Originally posted by paris View Post
                    She's still in school. Pay the support.
                    I don't think there is confusion here - almost all here would agree with this.

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                    • #11
                      No reason why i don't want to pay.It's just that the mother received 3 months of payments and the daughter was living elsewhere.I just want to know my legal rights without coughing up hundreds,maybe thousands to a lawyer.Been there already.Can i request a credit for those months.
                      P.S.I do not pay through the Family Responsibility office.We went through mediation and i have promised to deposit to her account.

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                      • #12
                        Not being with FRO makes a difference. If you used mediation and made a "promise", then there is no court order?

                        If I were in your shoes, I would inform the Mom (in writing), that you will make 1/2 payments to her for 6 months to make up for the 3 months you overpaid, then continue the regular payments.

                        I'm a little unsure of why you made those 3 payments to her if you knew your daughter had moved, unless there is a court order.

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                        • #13
                          I wasn't aware she had moved out.I found out through a mutual friend.I went to investegate and was then informed.
                          I am just a bit curious.Are your answers here on this forum,answers that you believe to be true or (what you would do or believe)?I take it i am not speaking to any would be lawyers.

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                          • #14
                            I'm not a lawyer, most of us speak from experience.

                            All I was saying is, if you were with FRO, you'd be out of luck. But since you have your own agreement with your ex, you should be able to negotiate those 3 months.

                            Do you have frequent contact with your daughter? You'll want to know when she does finish school, or if she moves again. I know you can ask for report cards to confirm attendance.

                            I'm curious though, were you told your daughter is moving back home after you found out she had moved out? It makes me wonder if you're being told the truth.

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                            • #15
                              You people have been great.I did speak to my X today.We have agreed to the 3 month credit.I do want the best for my step daughter.She was only 5yrs old when we were married so we do have a bond.School is too important.I just hope she finishes.My biggest fear.Thanks again and will continue to use this site and recommend.

                              Comment

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