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Not sure what the next step is-child over 18 not in school

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  • Not sure what the next step is-child over 18 not in school

    Hi again, keep crawling back here for advice Here is a little current background.

    Child is 19 and finished extra credits from high school. Spoke to the ex in november because was due to update cs (as per agreement annually) and last year had a broken leg so my income went down the drain. Through all her rumbling understood that my daughter not going to apply to univer this year cause she needs her to babysit her baby sister (different dad), since she is a single mother. But she understood that once our daughter is finished school cs will stop. We agreed that I will not reduce cs, so not to go through the hassle since the support will end in a couple of months anyway. We agreed that after she gets her last agreed payment, we will sign and submit the form for withdrawal to FRO.

    Last week confirmed with her that the last cs payment was made and asked her to let me know when she gets it so that I can prep the form. Did not hear from her , so presuming that she has received the payment by now, went over to give her the form.

    Now she says in a text that she doesnt want to talk about it right now, she is not feeling that she is ready to sign and is under a lot of stress and health problems and single mom...blah blah. She also says that daughter is not going to univer because she has no money to pay for it (she is low income).

    The daughter, while finishing her credits, also worked pt on weekends. Now she finished school and quit the job. She has been trying to get another job during the week, but has hard time since she can only work morning hours and after she needs to babysit. Her mom works evenings and refuses to change shifts because she has free time while the kids are in school.

    She is also stalling (because this could have been discussed before) and requesting NoA for the past years. Last CourtO was nov.2012. So between 2013(work income) & 2014 (year of injury)=average, I am overpaying about $50+. However, I have taken out some RRSPs in 2013 to pay back taxes (have proof that all went to CRA). With that averaged I underpay by about $50.

    So what to do? If I file Motion to change to stop the support (because we are talking about cs going forward), But she is talking about reviewing past income and continuing the support.

    Am I out of line starting this? If not, then whats my next step?

    Thanks

  • #2
    Not sure what the next step is-child over 18 not in school

    Call FRO and let them know your daughter has finished school and is no longer a child of the marriage. They will contact your ex and she will need to provide them with details. If she doesnt provide proof or respond they will stop enforcement.

    Make sure you call them immediately because they will hold your payments.

    ETA if you were making more money at any time and didnt advise her, you need to go back and calculate it and offer to pay her that. If you didnt tell her when your income went up you were wrong. She has to prove her changes if she feels it was wrong.

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    • #3
      Thanks rockscan, but from I gathered from here is that FRO doesnt ask her for any details. They just ask if she agrees to terminate. Maybe I am mistaken. Have you gone through this? Is that what happened?

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      • #4
        My partner was sent a form to fill out. A few people on here have called when kid was done and ex was still collecting. Call and speak to a worker and tell them she is finished school and not returning. They will either send you the form to send in and they investigate or they launch the investigation. From what I understand she has to prove kid is still in school via registration or transcripts. A kid not in school doesnt have official registration.

        Best to speak to FRO. Its not a withdrawal or cancellation so dont use that language with them. Your daughter is no longer in school full time and is over 18.

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        • #5
          Also, RRSP withdrawals are a unique beast. If it was a one off thing it may not be considered. If its an annual withdrawal of equal amounts its income.

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          • #6
            Also, as for the income, she was aware that there was a slight increase by 50$. Because I broke my leg in march 2014, when returns for 2013 were done in april I notified her and preped the paperwork for courts. She was supposed to file with courts since I was in a cast. She never answered my text at that time when i said the paperwork was done, and couple of months later she brought it up again and we discussed that now with this injury next adjustment will bring the support down. So we agreed that it would at least balance it out, and to continue with current support and then re-eval the following year. Which is why I brought up this nov. to adjust the amount since with the higher income in 2013 and low income in 2014 the support payment was still to be reduced by 50$.

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            • #7
              Also, a quick question since she is over 18 my benefits require that she is in school. Do I just keep her on or I must notify them?

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              • #8
                RRSP was that one time.

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                • #9
                  If shes not eligible you cant do it. If she does go to school all this reverses.

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                  • #10
                    So do I just deal with FRO first and wait till my payments rack up? or do I notify FRO, and same time file with courts?

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                    • #11
                      No call FRO immediately and speak to them. The motion to change has to go through the court system. FRO will hold your payments while they investigate but this way its not going to your ex and you wont get it back. Get the payments held while they investigate then file the mtc quick. That way if FRO isnt able to stop the deduction order youve got the mtc in process. Do both but call FRO and advise them immediately.

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                      • #12
                        They send you a form called "application to discontinue enforcement of ongoing support".

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                        • #13
                          Thanks! I know that form. I think I can print it out. Now let's just say she doesn't consent and this matter ends up in court, can she use her sob story to get me to continue to pay? Also, she is saying that daughter didn't go to university because she has no money. The daughter didn't even apply to see if she is even accepted from the first try. And if she was accepted,let's say next year, is it reasonable to expect her to get all of the other options first and then see what balance is left over to be shared between us like grants, bursaries, osap ?

                          Sent from my SM-G900W8 using Tapatalk

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                          • #14
                            Theres a thread in here on post secondary costs. How its split etc.

                            You need to call them and advise them though so the note goes on your file. Tell them youre sending in the form but you want to let them know.

                            Your ex can sob story her way to the high heaven. Unless the kid is off school for a "lap year" shes not entitled to support. If she applies and goes next year, cs is payable IF SHES LIVING AT HOME. Youre on the hook for your share of the cost (see the thread, it breaks it down).

                            The bottom line is support isnt payable for a 19 yo living at home as moms babysitter.

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                            • #15
                              Post-secondary, 1/3, 1/3, 1/3 calculations
                              http://www.ottawadivorce.com/forum/s...ad.php?t=19698

                              Comment

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