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  • ending of child support

    I was contacted by FRO in regards to ending child support. I agreed to this as our child is over 18 as our child is over 18 and doesn't attend post secondary. Last night I get served from the ex to ask for back support repayment even though it is his responsibility to contact FRO to stop. He waited over 2 years to do this. The papers sent to me were also in my maiden name (since our divorce remarried) and also had two different addresses listed (my previous and my current).
    After my long winded back info I would like to know whos responsibility is it to contact FRO to end support payments.
    In the custody order there was no end date or age and no statement if our child is not in post secondary.

  • #2
    So you essentially collected child support after child was no longer legally child of the marriage (18 yrs and not in post-secondary school)?

    You will have to pay back the money.

    Comment


    • #3
      my order does not have an end date. I just looked up on FRO website and its payors responsibility to contact. As I stated in my initial contact that when I was contacted by FRO in October I agreed to it. Maybe I should also clarify that my child was NOT full time employed while residing with me after finished school.

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      • #4
        Technically its YOUR responsibility to contact FRO. Its also your responsibility to know the rules of child support and when a child is no longer eligible for it. Yes you will have to pay it back because you collected it inappropriately.

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        • #5
          Who cares?

          Are you saying you want to keep child support that was not supposed to be paid to you?

          Pay back what you stole through omission...

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          • #6
            Two statements:

            1. Child support ends when the child is not longer a child of the marriage (turns 18 and out of school - full time employment is irrelevant).
            2. Contacting FRO to end child support should be done by the payor.

            I would say statement 1 is more important than statement 2. If you continued to receive child support payments after the child was 18 and out of school, you will have to pay this money back because you were not entitled to receive it. Number of addresses and maiden/married names are not relevant. Neither is the fact that your order did not have an end date - the definition of "child of the marriage" is very clear in law.

            If paying back two years of child support is difficult, perhaps you can negotiate a gradual repayment plan?

            Comment


            • #7
              You should be settling, quickly, before he incurs further legal fees.

              See Gray v. Gray, 2014 ONSC 1959 (CanLII), linked below:

              "[9] The law of child support has evolved to the point where it is presumed that a parent knows when he or she is obligated to support his children and the amount of that support.. Thus it is incumbent upon the parent who has knowledge of the facts to act upon that knowledge. The usual case involves a father whose income has increased since the date of the order. A mother is entitled to have the amount of the support increased retroactively based upon the actual facts when she learns of the truth of the situation.

              [10] It would appear that "what is sauce for the goose is also sauce for the gander." A mother who is aware that her children no longer qualify for support should act upon that knowledge. There appears to be no reason in this case why the effective date of termination for both children should not be November 22, 2006, a date when the boy had been out of school for some time and the daughter had ended her post-secondary education. "

              CanLII - 2014 ONSC 1959 (CanLII)
              Start a discussion, not a fire. Post with kindness.

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              • #8
                Good case Mcdreamy... I agree it is on the parent who first knows about the situation to take the appropriate steps. If the payer had a massive increase in income, surely the payee would expect the payor to come forward and increase support, surely the payee is expected to do the same when cs is no longer payable.

                I agree that you should settle this as soon as possible so you don't end up on the hook for legal fees, his or yours

                Sent from my SM-T560NU using Tapatalk

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                • #9
                  From the little information given I inferred that communication broke down between all parties and the payor lost touch with their child and may have assumed kid was in school.

                  Bottom line is, regardless of what your order DOESN'T say, your child is an adult and not eligible for ongoing child support. How would you feel if you overpaid a bill for probably thousands and the recipient didnt want to pay it back?

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                  • #10
                    To use a different analogy, if the bank accidentally put money in your account would you spend it? Would you argue it was their mistake?

                    Some men never pay support. You should be glad he paid and not simply take advantage because he overpaid. That money wasn't a gift. It was to support your children. When they were no longer children, you should have stopped the money. It was the honest thing to do.

                    I also think you will lose in court and end up repaying support and also paying costs. It might be your turn to pay FRO.
                    Last edited by SadAndTired; 01-07-2016, 10:14 AM.

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                    • #11
                      Btw, this is proof how many people see CS as just an extra pay cheque...

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                      • #12
                        Disclaimer: This is moral advice, not legal advice.

                        Think about this from the other perspective. What if your child in the future was the one paying the support. What would you have to say then about the payee? Would you be outraged on behalf of your child the payor, or would you still think it is ok to collect CS past the appropriate time?

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                        • #13
                          no the paying parent is not absent or lost touch with the child. I would never do that to my child.
                          I have no issue with repayment had the payor been following the order to begin with.
                          I paid for all section 7 expenses even dental then turns around after I have paid and claimed through my insurance claims through their insurance for same dental visit. This will also be brought to light- Im not saying 200$ either more like 2000$.

                          Never had an assessment provided as was to each year.

                          I don't believe I should always be the one that has to straighten out the ex legally.

                          This is more principal than money. Ex needs to grow up and become responsible for once and not have daddy always paying way in life.

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                          • #14
                            Youre just as responsible. If s7 expenses were agreed to then you should have attempted to recover the money. If benefits were covered for medical there was no reason the payor had an opportunity to double dip. You should have been enforcing updates every year through financial disclosure. You both are wrong for not keeping updated and on top of things. You had an adult child and were being paid cs when it wasnt legally applicable.

                            You could go back and recalculate everything and request financial disclosure for all the years to see if the amount he wants back is lower but you could also find he was paying more than what he was supposed to.

                            If youre so ticked about the principle of the situation then you yourself should go back over what you were responsible for and see how the numbers play.

                            Sitting down with your head in the sand saying we had an order and he didnt follow it isnt a solution. If youre intent on people following an order then you have to do so as well.

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                            • #15
                              Originally posted by littleman View Post
                              I don't believe I should always be the one that has to straighten out the ex legally.

                              This is more principal than money. Ex needs to grow up and become responsible for once and not have daddy always paying way in life.
                              So who is responsible for straightening out your ex legally?? He screws up then it is your responsibility and yours alone to take it to court.

                              Comment

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