Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #11  
Old 04-03-2011, 10:16 AM
"what" "what" is offline
Junior Member
 
Join Date: Mar 2011
Posts: 8
"what" is on a distinguished road
Default

Quote:
Originally Posted by NBDad View Post
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.
on the fro family responsibility office website under question when does child support end it says "We will let you know when you can stop paying us" that's a joke . we are suppose to just keep on paying. met with a legal aid lawyer that said i needed to get motion to change court order and that dealing with the fro is just a waste of time. i tried to withdraw from the fro before but both parties have to agree and the other party didn't agree. for spite or whatever it's no sweat off her back for me to keep on paying so she can just say no and then i just have to keep on paying. the system gives her too much credibity and power and the payer not enough. now i have to spend more money to get a lawyer and change the court order .
Reply With Quote
  #12  
Old 04-03-2011, 10:23 AM
"what" "what" is offline
Junior Member
 
Join Date: Mar 2011
Posts: 8
"what" is on a distinguished road
Default

Quote:
Originally Posted by AtALoss View Post
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.
yes the lawyer told me about filing a motion to change. the child is 18. now do they have to be not living at home and not at school or just not at home or just not at school or could be at home but not at school or not at home but in school? is it up to me to provide evidence or up to the recipient to provide proof? if its up to me can a lawyer do that or do i need to hire a private investigator?
Reply With Quote
  #13  
Old 04-03-2011, 10:30 AM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

File the motion. That's your only remedy.

Don't bother with a PI. They are very expensive and you won't need it.

If she is going lie about the child's living arrangements you should be able to prove that even if you are only half way resourceful.
Reply With Quote
  #14  
Old 04-03-2011, 10:47 AM
DunnMom DunnMom is offline
Senior Member
 
Join Date: Oct 2010
Location: On-Tar-IoOoO
Posts: 294
DunnMom is on a distinguished road
Default

Give it a shot at doing it yourself. It sounds pretty cut & dry.

You'd need to fill out & file a Form 15:Motion to Change and a Form 15A:Change Info Form (and possibly a Fin'l Stmt but the clerks at the courthouse or FLIC can confirm that)
Reply With Quote
  #15  
Old 04-03-2011, 04:22 PM
AtALoss AtALoss is offline
Senior Member
 
Join Date: Sep 2007
Posts: 560
AtALoss is on a distinguished road
Default

Hi What,
Please recap for me does your orifginal order specify at 18? That is what I think you said. Generally that is one of the first opportunities for it to terminate. Whether the order explains further but one of the next terminating events is enrollment in post secondary education. Generally if a child is in school a Judge will allowit to continue until graduates. the next issue to be dealt with is any income a child may have and this will be considered even if a parttime job/ summer earnings.
Reply With Quote
  #16  
Old 04-03-2011, 04:49 PM
AtALoss AtALoss is offline
Senior Member
 
Join Date: Sep 2007
Posts: 560
AtALoss is on a distinguished road
Default

in the motion to change you need to request that the following be supplied. Recipients tax assesments, childs tax assesments birth certificate, and all school records. The recipient may be reluctant but you can use this against her in that if you cant produce the proof then it must not be happening. A Judge is going to want this and FRO will also tell you to get it. every one here will tell you to go into court with as much documentation as you can. every lawyer should be asking for this. My spouse was self reped asked for this in 2004 and during a conversation we had with the dir of FRO in 2009 she asked why didnt you ask for this with you motion to change? While we were on the phone with ther and the ombudsman we faxed the original court request and neither had anything to say Caught them with their pants down LOL So bottom line be perpared.
Reply With Quote
  #17  
Old 04-04-2011, 09:16 AM
"what" "what" is offline
Junior Member
 
Join Date: Mar 2011
Posts: 8
"what" is on a distinguished road
Default

Quote:
Originally Posted by AtALoss View Post
Hi What,
Please recap for me does your orifginal order specify at 18? That is what I think you said. Generally that is one of the first opportunities for it to terminate. Whether the order explains further but one of the next terminating events is enrollment in post secondary education. Generally if a child is in school a Judge will allowit to continue until graduates. the next issue to be dealt with is any income a child may have and this will be considered even if a parttime job/ summer earnings.

on the court order there is no termination date. the fro told me that the last time they talked to the mother that the child was not living at home but the mother said she was giving the money she received to the child.
Reply With Quote
  #18  
Old 04-04-2011, 09:50 AM
AtALoss AtALoss is offline
Senior Member
 
Join Date: Sep 2007
Posts: 560
AtALoss is on a distinguished road
Default

Sorry for the hasty reply but wanted to let you know I saw yours and do intend to reply better.

But in the mean time... some reading and food for thought. Your order is not specific and will then fall back on the Acts. Thought this a good oportunity to post these yet again.

Family Law Act
CanLII - Family Law Rules, O. Reg. 114/99

Divorce Act
CanLII - Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)

Just a few other acts for curiosity sake…
Justice Laws

I would like to reply further but need to get some work out of the way first. TY
Reply With Quote
  #19  
Old 04-04-2011, 12:40 PM
AtALoss AtALoss is offline
Senior Member
 
Join Date: Sep 2007
Posts: 560
AtALoss is on a distinguished road
Default

Morning work is out of the way..TG

Anyway, I posted the Acts again for reference for many. Both a good lawyer and Judge will govern themselves with these. Sure things get stretched but this is basically all concerned's rights in the acts. You have stated that there are no terminating criteria in your divorce orders. So now it falls to the court to determine this. A judge will basically fall back to the minimums of what is in the act. They are as follows for a child entitlement.... (BTW is honourable if true that this money is being turned over directly to the child but in no way is that a ststement that you should pay for the rest of your life)....
a) child reaches 18yrs of age
b) is the child in post secondary education
c) is the child earning income (if so then a judge may allocate that as a partial or whole contribution, 5 g might be part and 30G would be considered self supportive with out a doubt) So at what level may be looked at
d) Has the child withdrawn from parental control, are they living on thier own, with someone else, the other parent, are they married or commonlaw. Yah it happens that early.
e) and lastly is that child in need of continuing support by vertue of say a disability. But a disability may not be the sole reason to continuewhat ability and means has this child been able to become self sufficient. Some completely and others not so much. That is an individual consideration and would be looked at by a reasonable Judge.
Ive tried to answer this as generic as possible as I am sure that there will be many asking the same questions. Also tried to leave the parental arguements out of it as there always are those who attempt to fabricate or exagerate for the purpose to extend. now also hope that I am not offending any here with that comment as that was never intended. But feel that when push comes to shove a Judge is supposed to do what is fair and right by all.

What do I think you should continue paying... no. If by what I posted for those points above you need to show the Court your evidence that you are done, that the entitlement has ended in your opinion. All the better if you can back it solidly with paper. That and staying true is what has enabled us to where we are now in my spouse's issues with FRO.

Last edited by AtALoss; 04-04-2011 at 12:43 PM.
Reply With Quote
  #20  
Old 04-04-2011, 04:33 PM
"what" "what" is offline
Junior Member
 
Join Date: Mar 2011
Posts: 8
"what" is on a distinguished road
Default

Quote:
Originally Posted by AtALoss View Post
Morning work is out of the way..TG

Anyway, I posted the Acts again for reference for many. Both a good lawyer and Judge will govern themselves with these. Sure things get stretched but this is basically all concerned's rights in the acts. You have stated that there are no terminating criteria in your divorce orders. So now it falls to the court to determine this. A judge will basically fall back to the minimums of what is in the act. They are as follows for a child entitlement.... (BTW is honourable if true that this money is being turned over directly to the child but in no way is that a ststement that you should pay for the rest of your life)....
a) child reaches 18yrs of age
b) is the child in post secondary education
c) is the child earning income (if so then a judge may allocate that as a partial or whole contribution, 5 g might be part and 30G would be considered self supportive with out a doubt) So at what level may be looked at
d) Has the child withdrawn from parental control, are they living on thier own, with someone else, the other parent, are they married or commonlaw. Yah it happens that early.
e) and lastly is that child in need of continuing support by vertue of say a disability. But a disability may not be the sole reason to continuewhat ability and means has this child been able to become self sufficient. Some completely and others not so much. That is an individual consideration and would be looked at by a reasonable Judge.
Ive tried to answer this as generic as possible as I am sure that there will be many asking the same questions. Also tried to leave the parental arguements out of it as there always are those who attempt to fabricate or exagerate for the purpose to extend. now also hope that I am not offending any here with that comment as that was never intended. But feel that when push comes to shove a Judge is supposed to do what is fair and right by all.

What do I think you should continue paying... no. If by what I posted for those points above you need to show the Court your evidence that you are done, that the entitlement has ended in your opinion. All the better if you can back it solidly with paper. That and staying true is what has enabled us to where we are now in my spouse's issues with FRO.

there was no divorce. i never lived with the mother. the child was in and out of the home with the mother sometimes she moved out sometimes she was kicked out it was back and forth like that. so the child could be living with the mother this week and kicked out next week. same with school the child was always in school getting suspeneded or expelled that back in. so i request in the motion for the recipient to prove tax assesments and school records and it turns out she is living with the mother this month and going to school this month, can i keep trying to change the motion every month ?
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Child Support and Spousal Support BobbyShaftoe Introductions 14 04-26-2012 01:52 AM
Notional Grossed Up Child Support Amount? Gary M Financial Issues 12 01-06-2011 06:23 PM
When child support ends... paris Financial Issues 3 04-23-2010 10:04 PM
Offer to Settle Child Support - Is This Fair? #1StepMom Divorce & Family Law 4 10-27-2009 07:50 AM
Will I be Paying Spousal Support? North of You Financial Issues 5 10-21-2009 03:05 AM


All times are GMT -4. The time now is 01:22 AM.