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  • motion for termination of child support

    Still unresolved....
    My ex stopped paying child support even though my 18 year old daughter still lives at home and is attending school full time. I paid the 50$ fee to reopen the file with FRO as he had always paid me directly.
    I was served today for a court date on March 24th. I do not have a lawyer nor am I willing to pay for one as it would simply mean giving them the money rather than helping my family.
    He believes that my daughter should pay me room and board out of her RESP money that she received from the fund that was paid into by both of us. She is in a two year business program at the local college and is planning on university once this is complete. Her 9000 fund will certainly not cover all of these expenses.
    She is also a hemiplegic with severe anxiety. Leaving home is her biggest obstacle though we continue to encourage her independence. She may never leave home. What are the accommodations that can be made in a court order.
    Any advice, input, different perspectives are welcomed and appreciated. I will get some legal advice through our EAP program at work.
    Thanks for your help!

  • #2
    If the child is attending full time school, they are still a child of marriage as defined in the legislation and as such full c/s is payable (if they are living at home).

    This shouldn't be that difficult. You provide you ex with your child's school registration forms setting out that they are in school full time. You confirm the child continues to reside in your house. That according to the legislation they are still a child of marriage and as such you do not agree with their unilateral decision to discontinue c/s. Should it end up in court, you will seek costs.

    The child's issues are less important than the simple fact that the child is 18 and still in school full time. RESP's are used to pay the child's education, not to pay room and board to her own parents.

    Comment


    • #3
      Thank you for reaffirming what I believed to be true. It's sad to think that he has a lawyer who is willing to convince him otherwise. I know they have to make a living somehow....
      He included a financial statement with the motion. His assets were shown at 50% since he is remarried. Is there a reason he wouldn't have done the same for the debts? Did he think no one would notice or am I missing something?

      Comment


      • #4
        What did his papers say with respect to the situation? Was it a motion to change? Are you able to visit a family law information centre in your city?

        I think you will need to either respond to his filing with a motion to change response (I think its 15C) or file your own motion for support.

        It might be worth spending an hour with a lawyer to get some information and figure out the necessary paperwork. Especially if you would need to be represented.

        Definitely fill us in on what his filing is. Whether its a mtc or something else. I dont really understand how he found a lawyer to do it either but if theyre getting paid, some will do anything you ask.

        You should also start putting together info for your filing: tuition, books, school costs but also assessments on your childs conditions. Do they have a support worker at the school? Is there an organization or group you seek help from that does reports? Is there a long term plan for her with respect to education? All of these things will be a part of your filing.

        Comment


        • #5
          He filed form 15(motion to change). He doesn't believe child support should continue at all. Our two older children left to go to school out of town and he only paid child support during the summer months when they came home. I wonder if he thinks that during the summer, when my daughter is employed, he will then pay child support?
          I've started completing 15C. He included a Financial Statement that is filled in minimally. I am assuming that I will be required to do the same?
          We have a great EAP program that allows us free legal advice but over the phone. I will tap into that resource as well as a visit to FLIC to ensure I'm putting it all together properly.
          I'm not so worried about the wording as I am about how to organize the paperwork.
          Advice and reassurance is so appreciated. Thank you!

          Comment


          • #6
            motion for termination of child support

            In your MTC response there is an area to include extra expenses for school costs. Thats where you put all the tuition etc stuff. Also include anything your child needs to get educated (i.e. Special software or costs associated with accommodating her "disability"). Depending on her school she should have some sort of disability worker. Theyre normally in the student services department or listed as accommodations specialists. If kid needs any educational accommodations they will have completed an assessment. Get a copy of that. Also any documentation from doctors. You may not need it for her current educational needs but you mentioned she is in college now but will be attending university if emotionally able in the future which will be beneficial to an order.

            Im pretty sure both parties do a financial statement to show proportionate share of costs.

            Should probably start reading up on rules of court to prep for self representing if you have to do that. Hopefully your ex smartens up and offers to settle.

            ETA: this is going to be interesting to follow since your ex is walking a fine line on this. A disabled child going to school...its not like its a 25 yo still at home. I cant find any cases where a payor won anything with an 18 yo in post secondary. I hope the judge throws the book at him. If only because he assumes paying cs out of an RESP!
            Last edited by rockscan; 02-23-2015, 11:38 AM.

            Comment


            • #7
              Originally posted by HammerDad View Post
              The child's issues are less important than the simple fact that the child is 18 and still in school full time. RESP's are used to pay the child's education, not to pay room and board to her own parents.
              Hemiparesis is a serious condition and Hemiplegia is the most extreme form of this condition which usually means paralysis on one side of the entire body.

              My advice to the OP would be to seek legal counsel in the immediate. If the child in question does in fact have this condition the need for support for this child of the marriage may go well beyond just education.

              The Section 7 expenses for someone with this condition would warrant the need for lawyer just to manage the costs around support workers, ramps / home modifications, chairs, special vehicles and transport as the costs would be significant.

              Good Luck!
              Tayken

              Comment


              • #8
                ^^ agree to this. Might be worth the cost of the lawyer especially with the likelihood of winning costs.

                Comment


                • #9
                  My daughter was super lucky that she is able to walk and can even drive a car with a spinner knob. She wears a brace and her left side is much weaker but she is a very determined young lady.
                  Physical accommodations will be minimal but still exist. Buying footwear is our biggest obstacle as there are 3 size differences between her two feet. Never wanting to label her, I never applied for disability and may be the reason she is as outgoing and determined as she is.
                  I have considered the fact that she may be home far longer than she would like and therefore, hoping a judge will consider this when determining how long child support will be paid for.
                  I am so hesitant to add legal fees to this process but know the risks of not having all my i's dotted.
                  Court is on March 24th so not much time to think about it!

                  Comment


                  • #10
                    It would be in your best interest to seek legal counsel on this. While it may be "open and shut" for post secondary expenses and child support, without an order for continuing cs after she finishes her two years of college could create an even bigger obstacle in the long run. Having a lawyer to help you in court is more my concern. Putting together documents is one thing. Having someone knowledgeable about the rules of order is another. Your ex's lawyer will be belligerent and argumentative in court which may put strain on you self repping.

                    The assessments i recommended are more to help bolster the case for extended cs and post secondary expenses. If she goes to college for two years and then on to university for another year or full three year BA (some universities accept college credits or have combined programs), your ex could argue that he has met the general "one degree" component after the two years of college.

                    In my opinion your ex is unreasonable and difficult. Youre going to need long term wording for your case that is enforceable. You need all the help you can get.

                    Comment


                    • #11
                      You are absolutely right Rockscan! There is no way I can put it all together to ensure it goes beyond the first diploma.
                      We have been apart for 15 years. It is still far more important for him to be right than to be happy.
                      I have learned so much about myself through this process. I allowed myself to get swept up in the legal battle all those years ago and vowed I would not do that again. I sat through mediation with him for two hours to try to resolve this amicably. A waste of time and money that reaffirmed the fact that he has no intention of doing the right thing never mind the fact that the law is very clear on the matter.
                      Thank you for your guidance and for helping keep the big picture in perspective. This blog can be very therapeutic and a great resource for those who are trying to keep it together.

                      Comment


                      • #12
                        Some people are more concerned with being right when they are so very wrong. Most of the time at the detriment of the kids. Your daughter deserves to be supported. Especially since she is working so hard to make something of her life. You owe it to her. Its going to be a very one sided battle for your ex.

                        Comment


                        • #13
                          Originally posted by myteam View Post
                          My daughter was super lucky that she is able to walk and can even drive a car with a spinner knob. She wears a brace and her left side is much weaker but she is a very determined young lady.
                          Physical accommodations will be minimal but still exist. Buying footwear is our biggest obstacle as there are 3 size differences between her two feet. Never wanting to label her, I never applied for disability and may be the reason she is as outgoing and determined as she is.
                          I have considered the fact that she may be home far longer than she would like and therefore, hoping a judge will consider this when determining how long child support will be paid for.
                          I am so hesitant to add legal fees to this process but know the risks of not having all my i's dotted.
                          Court is on March 24th so not much time to think about it!
                          I understand your desire not to have your daughter "labelled" because of her disability, but you might want to get her formally assessed and diagnosed ("coded"). The office of disability services at her university or college would be able to help you with this. A formal diagnosis and prognosis can unlock a lot of services and aids that will enable her to be more independent and successful. And if you have to keep battling your ex in child support, it's pretty hard for him to argue with a specialist's assessment.

                          Comment


                          • #14
                            myteam

                            Just a couple quick words of advise. It is a form 15B (response to motion to change) you probably want to fill out, NOT a 15C (which is a consent to motion to change)
                            If your first date of court is March 24/15 what day were you served the motion to change? You only have 30 days from the date you were served to serve and file your 15B (response to motion to change)
                            I personally think you will want to do a ton of research really fast to become able to self rep or time to hire a lawyer. You will have an excellent case to have this motion to change dismissed with cost from what you have written here. You must bring this as your first defense.

                            From the little I have read you have bigger issues then just CS and post secondary. You have a child that may need support financially for a long time and you and the ex will need to agree on that for the sake of your child. I know you said it is making her stronger but better to have something in place "just in case" he/she needs a little extra hand no?

                            Comment


                            • #15
                              Originally posted by stripes View Post
                              I understand your desire not to have your daughter "labelled" because of her disability, but you might want to get her formally assessed and diagnosed ("coded"). The office of disability services at her university or college would be able to help you with this. A formal diagnosis and prognosis can unlock a lot of services and aids that will enable her to be more independent and successful. And if you have to keep battling your ex in child support, it's pretty hard for him to argue with a specialist's assessment.
                              As well, both you and she may have an obligation to apply for disability for her because it is an available financial resource. He should not have to pay extra when the financial aid is there for her but pride prevents you from taking advantage of it.

                              Comment

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