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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-31-2011, 07:00 PM
"what" "what" is offline
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I am a payor of a 18 year old. I would like to stop paying support. I believe the child not to be living with the other parent and not going to school. I am a stay at home dad with a new family. My wife makes good money. My payments are low $100 a month but would still like them to end. If I try to stop the payments is it possible the recipient could now ask for more money?
would they take my wife's income into account for child support ?
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Old 03-31-2011, 09:55 PM
jeremy74 jeremy74 is offline
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Hi you can contest the cs and you will not need to pay anymore seeing your 18 year old needs to be in post secondary school and not living with other parent then no you would not have to continue paying.And no your new wife's income would not be effected reguardless this i know because my ex tried and did not have a leg to stand on so the judge said no to her just like that.
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Old 03-31-2011, 10:05 PM
dinkyface dinkyface is offline
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If this $100 is a significant part of her discretionary income, it would be courteous to give her a few months notice.
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Old 04-01-2011, 02:56 PM
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Quote:
Originally Posted by dinkyface View Post
If this $100 is a significant part of her discretionary income, it would be courteous to give her a few months notice.
BS - she shouldn't be accepting CS if the child is no longer living with her!

It is child support not (ex) spousal support
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Old 04-01-2011, 03:17 PM
walshch walshch is offline
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What does your Seperation Agreement say about when CS stops. Every one I've seen all state that if the child is 18 yrs old, not in post secondary school (full time) and especially if he's not even living with your Ex, then CS ends. Why not just stop paying the $100.00 and let her try to justify why she should still receive it. Good luck to her with that one.
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Old 04-01-2011, 03:46 PM
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NBDad NBDad is offline
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The issue with THAT advice is that if he just unilaterally STOPS payment and there is a court order in place, she can simply file with FRO (assuming you are in Ontario) to have it enforced.

Request that your ex provide proof the child is still living with her, and is in post secondary school pursuant to the separation agreement (if such exists).

If there is NO agreement with the courts, then inform her you are stopping payment effective XX-XX-XXXX and be done with it.
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Old 04-01-2011, 05:34 PM
AtALoss AtALoss is offline
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Hi What and welcome to the forums.
One thing that hasnt been mentioned is that you will need to file a Motion to Change irregardless of whether your order is registered at FRO or not. Trust me you dont want to unilaterally stop paying. Get it into court but also have your proof ready that shows the child is 18 and is no longer in school. Many here can guide you through and help you find the paperwork you will need if you choose to self represent but a lawyer is a very good idea. FLIC and legal aide would be helpful as well if you qualify.
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Old 04-03-2011, 10:03 AM
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Quote:
Originally Posted by dinkyface View Post
If this $100 is a significant part of her discretionary income, it would be courteous to give her a few months notice.
not a good idea
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Old 04-03-2011, 10:04 AM
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Quote:
Originally Posted by billm View Post
BS - she shouldn't be accepting CS if the child is no longer living with her!

It is child support not (ex) spousal support


thank you. you make a good point
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Old 04-03-2011, 10:06 AM
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Quote:
Originally Posted by walshch View Post
What does your Seperation Agreement say about when CS stops. Every one I've seen all state that if the child is 18 yrs old, not in post secondary school (full time) and especially if he's not even living with your Ex, then CS ends. Why not just stop paying the $100.00 and let her try to justify why she should still receive it. Good luck to her with that one.

the court order has nothing to say about when it ends. The fro family responsibilty office is after me for arrears now and threatens to freeze assets.
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